June 24, 2019
As marriage brings two families together, so divorce causes great separation to the children of the divorcing parents. It is hard for children to witness and experience the separation of their parents, as well as their extended families. Grandparents undoubtedly play a special role in the lives of their grandchildren. Therefore, divorce causes new questions as to how these changes will affect the dynamics between grandparents.
In family court, the judge is always obligated with upholding the best interests of the child. This means taking serious consideration to the natural relationship and bond children have with their grandparents during a divorce. Since divorce sets legal boundaries between family involvement, it is natural for grandparents to question their rights before the court.
What can grandparents petition?
Grandparents can petition various requests during a divorce. Depending on the circumstances, some grandparents might seek custody of the child, partial or full. Perhaps a couple is divorcing due to abuse allegations, drug and alcohol addiction, or criminal indictment. Such cases are not common, but grandparents may still seek custody when they feel a child might be in danger with their parents. Grandparents might also seek formal visitation rights through the court.
Texas law usually grants parents decision-making power for their children. Grandparents do not hold grandparents as highly regarding custody and visitation, unless grandparents can prove the children are better off with them due to extreme circumstances. A parent might decide to grant the grandparent rights to the child willingly.
Family law encompasses various types of situations. The court is obligated with the task of upholding what the best interests of the child. Grandparents may petition visitation and custody rights depending on the situation of the parents. A trusted family court attorney is best suitable to guide grandparents through the process for the outcome they desire.