Grandparent’s Rights

Nikki Hudman is Your Austin Grandparents’ Rights Lawyer

Within the state of Texas, there is an entire body of law dedicated to the rights of grandparents to see their grandchildren divided into the three categories below.

Managing Conservatorship

This arrangement relates to custodial rights or the grandparent’s potential rights to make decisions relating to the child’s upbringing. A grandparent can only seek a Managing Conservatorship by actively filing a lawsuit or intervening in an ongoing lawsuit such as a divorce only if any of the following conditions exists: if the grandparent has possessed custody of the child for at least six months that was less than 90 days since the suit was filed, both the child and child’s parent have lived with the grandparents for at least six months and this period ended less than 90 days before the filing of the suit, there is a current emotional or physical danger to the child that exists where the child is currently living.

Possessory Conservatorship

This condition exists when the grandparent wants visitation rights such as overnight visits or wants to make some decisions for the child’s upbringing. A grandparent can only file for this if they instigate a legal action or intervene in an existing legal action and the requirements vary for each.

Grandparent Visitation

Filing for visitation is very complex and requires that the biological or adopted parent has not terminated their parents rights at the time of the suit, the grandparent can demonstrate that denying visitation will impair the child’s well being, and the grandparent is the biological parent of the parent of the child in question. Additionally, one of these four conditions has to be satisfied: the child’s parent was incarcerated 90 days before filing the lawsuit, a separate lawsuit has found the parent incompetent, the parent is dead or the parent does not have actual court ordered custody of the child.

For complicated family legal matters such as these, it is best to work with an Austin lawyer dedicated to working with families about grandparents’ rights.

Contact Us for Grandparents Rights Attorney Services

Family legal matters can be confusing and frustrating. We’ll do our best to guide you through a potentially complex legal process and we’ll work with you to achieve your goals. Contact Nikki Hudman today to start working on your case today!