Grandparent Rights Attorney & Mediator in Humble, Texas

The relationship between grandparents and their grandchildren can be a source of immense joy and stability. However, situations may arise that challenge this bond. Whether due to family disputes, the passing of a parent, or concerns for the child's well-being, grandparents may find themselves needing to legally assert their right to maintain a relationship with their grandchildren. 

At Elizabeth S. Pagel, PLLC, we understand the unique and vital role grandparents play in their grandchildren's lives. In the state of Texas, the law acknowledges this significance and provides avenues for grandparents to seek visitation rights or even custody in certain circumstances. Our commitment is to guide you through these legal processes with both professionalism and compassion, ensuring your relationship with your grandchildren is protected and preserved. 

Texas law does allow grandparents to seek visitation rights (legally known as "possession and access") and, in more severe cases, custody. However, these rights are not automatically granted; they must be pursued through the legal system with clear evidence supporting the grandparents' claim that such an arrangement is in the best interests of the child. 

Can I See My Grandchild Against the Parent's Wishes?

In most cases: you can't. Gaining access to a grandchild against the wishes of their parents is often an uphill battle. Back in 2000, the Supreme Court of the United States said that a parent has a fundamental right to decide who has access to his or her child.  In order to see your grandchild against the wishes of a parent, you have to show the following: 

1. First, you have to be the parent of the grandchild’s parent. A step-grandparent is going to be out of luck. 

2. Your child has to still be the legal parent of your grandchild—they cannot have had their rights terminated. If they are no longer the child’s parent legally, you are no longer the child’s grandparent. 

3. You have to show that, by not seeing you and spending time with you, your grandchild will be (not might be, but will be) harmed, either physically or emotionally.  Showing that the child would be “sad” if they don’t get to spend time with the grandparents is probably not enough. You have to show substantial harm. 

4. Your child must be “unavailable.” That means that your child, the parent of your grandchild,  has been declared incompetent, is dead, or does not have any actual or court-ordered periods of possession. If the parent has court-ordered periods of possession but is not exercising them, the grandparent can probably not step in and ask to exercise the parent’s period of possession. 

5. Finally, you have to show that the parent intends to (or has already) completely deny you any access to your grandchild. Restricting access is not enough—it must be completely denied.  For example, if the parent says, “You can see Susie when you come for Thanksgiving dinner but she can’t spend the night with you,” that is a restriction—not a denial. 

If you are considering filing suit to gain visitation rights with your grandchildren, please pause and consider.  Chances are that your relationship with your son or daughter is already strained.  Taking them to court will not do anything to improve that relationship.  You need to evaluate whether the potential outcome is worth the risk. If you find yourself in this difficult and painful position, give us a call.  We’ll help you weigh your options and see if we can resolve the situation. 

Visitation Rights 

To obtain visitation rights, grandparents must demonstrate to the court that the child's physical health or emotional well-being would significantly benefit from maintaining a relationship with them. It's important to note that these cases often arise in contexts where the grandparents' access to the grandchild has been unjustly limited or denied. 

Factors considered by the courts include the existing relationship between grandparent and grandchild, the overall family dynamics, and any evidence suggesting that the grandchild's welfare is at risk under current arrangements. 

Custody Rights 

In more extreme circumstances, grandparents may seek full custody of their grandchildren. Such cases typically involve situations where the child's immediate safety is a concern, such as instances of neglect, abuse, or when both parents are deemed unfit. Achieving custody is a challenging process, requiring substantial evidence and legal argumentation to persuade the court that living with the grandparents is in the child's best interests. 

How We Can Help

At Elizabeth S. Pagel, PLLC, we use our experience to support grandparents in these sensitive matters. Our approach combines detailed legal knowledge with an understanding of the emotional nuances involved in family law cases. We're dedicated to offering quality care without imposing a premium price, ensuring that you receive both the legal counsel and the compassionate support you need during this time. 

Our services extend across Humble, Texas, as well as Harris County, Montgomery County, and Liberty County. We're deeply committed to our community and to helping families navigate their legal challenges with as much peace and clarity as possible.