Texas Grandparent Rights & Access Lawyers

The Woodlands grandparents' rights, access, & conservatorship

The experienced Conroe | The Woodlands Grandparents’ Rights Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help Texas Grandparents pursue custody, access, and conservatorship of their grandchildren.

Click to callSchedule a Free Consult

Serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties

Grandparent Access Lawyers in The Woodlands | Conroe, TX & Bryan | College Station, Texas

It’s very difficult for Grandparents to gain access to their grandchildren if the parents do not allow for it.  It’s even harder to actually win primary custody of a grandchild over a parent, but the experienced Grandparent Rights Lawyers at Nick Davis Law understand what it takes to prepare a Grandparent Access case for success.

In most cases, the difference between winning and losing a Grandparent Access case comes down to planning and seizing opportunity.  Most Grandparents make the mistake of either filing their suit for Conservatorship or Access too soon, or too late.  It’s absolutely crucial that a Grandparent seeking to obtain Access or, better yet, Conservatorship of their grandchild properly file their case when they have the upper hand.

At Nick Davis Law, our Grandparent Rights and Access Lawyers in The Woodlands | Conroe, Texas and Bryan | College Station will help advise Texas Grandparents on how to Plan and time the filing of their case to capitalize on their opportunity to allow them to seek conservatorship and become a permanent party in their grandchild’s life, which, to be honest, is probably the best thing for the child if the Grandparents are able to meet the Texas Standing Requirements.

The experienced Grandparents’ Rights Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help determine if you qualify for filing a suit for custody or access to your grandchildren.

Nick Davis Law offers all prospective Grandparents’ Rights clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474.

 

 

Suit for Grandparent Possess or Access?

The Texas Family Code lays out the requirements for a Grandparent to prosecute a suit for Possession and Access of a grandchild under Section 153.433 which are:

 

Easier Method for Grandparents to Obtain Custody

Pursuing the typical Suit for Grandparent Possession and Access as stated above can be very difficult to satisfy all the requirements.  However, in many cases filing a straight Suit Affecting the Parent Child Relationship to seek actual Conservatorship of the grandchildren less restrictive and provides the better outcome.  Once a Grandparent is appointed as a conservator they will not only have Possession and Access to the children, but also actual decision making rights which could include the right to designate the primary residence of the children, right to make educational decisions, and even the right to receive child support.

How Can a Grandparent File for Conservatorship?

Any person that had actual care, control & possession of a child for at least 6 months before filing the suit can seek to be named as a conservator of the child.  This comes in handy when parents leave their children with a Grandparent for extensive periods of time and further gives the grandparent the ability to make decision for the children such as schooling, medical, and residence.  When this happens, if a grandparent can maintain this level of possession with their grandchild for 6 months, they should really consider filing a Suit Affecting the Parent Child Relationship and seek to be named as the Sole Managing or Joint Managing Conservator.  Once named as a conservator, the Grandparent will likely have the right to possession, access, and decision making for the grandchild until they reach the age of 18.  

Contact our experienced Grandparents’ Rights Lawyers at Nick Davis Law in The Woodlands | Conroe TX and Bryan | College Station, Texas for a free case evaluation to consider the unique circumstances of your case in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Texas Counties.

To Learn More about your Grandparents’ Rights in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties
contact our experienced Texas Child Custody Lawyers in The Woodlands | Conroe, TX and Bryan | College Station to develop a strategy to pursue access or conservatorship or your grandchildren.

FAQ

Requirements for Grandparents to Seek Access

Parents Rights are Not Terminated

This is a very basic requirement.  The Grandparent must show that at least one of the child’s biological parents or adoptive parents has not had their parental rights terminated.

denial of Possession

The Grandparent must prove that the parent intends to completely deny the grandparent from possession or acess to the child.

Child's Parent is Unavailable

The Grandparent must also prove one of the following about the Grandparent’s son or daughter (That is, one of the Child’s Parents):

1) The parent has been incarcerated for at least 3 months before the petition is filed.

2) The child’s parent has judicially been declared incompetent.

3) The child’s parent is dead.

4) The child’s parent does not have actual or court-ordered possession of or access to the child.

Significant Impairment

Texas courts defer to the parents and tend to respect a parents reasoning for denying access to a grandparent.  In addition to the other elements a Grandparent must prove to pursue possession or access to a child is that the child’s physical health or emotional well-being would be significantly impaired if the possession or access were denied.  This is necessary to rebut the presumption that a Texas Parent acts in the best interest of their child.

So What Constitutes a Significant Impairement?  

1) Grandparent helped raise a child since birth, and assisted in the day to day caretaking of the child such as attending Doctor Appoint and administering medicine.   Parent of the child had limited contact with child in past few years and didn’t regularly give medicine.  Court found that denying grandparent possession would be a significant impairment.

2) Grandchild lived with his grandparents for over a year and became so accustomed to them as his caretaker that he referred to them as Mom and Dad.  Court found that denying possession would cause a significant impairment.

What is not Enough to Show Significant Impairment?

1) Grandchildren displayed anger, and even experienced bed-wetting and nightmares most likely caused by losing their maternal family members.  However, the court didn’t find this reached the level of significant impairment.

2) Grandchildren had a close relationship with paternal grandparents.  It was further presumed that the children would lose connection with their deceased father if they could not visit the grandparents.  This was not enough for the court to find significant impairment.

We Can Help

Payment Plans & Free Consult

Contact our office to schedule a Free Case Evaluation with our experienced Grandparents’ Rights Lawyers in The Woodlands | Conroe, Texas and Bryan College Station, TX.  We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.

Our Grandparents’ Rights Lawyers serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties also understand that litigation can be expensive.  You shouldn’t have to compromise the quality of legal representation when it comes to your children or grandchildren.  We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times.  Contact us to learn more.

Schedule A Consult

Nick Davis Law
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474

The Woodlands, Texas

Nick Davis Law
26418 Oak Ridge Dr.
The Woodlands, TX 77380

(936) 262-7474

 

Bryan | College Station, Texas

Nick Davis Law
750 William D. Fitch Pkwy, Ste 210
College Station, TX 778455
(979) 417-2220
Business Hours

Mon - Fri  8:00 am to 6:00 pm

Our Mission

 

The Trusted Family, Divorce, Bankruptcy, CPS,  and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively.  The Family | Divorce | Bankruptcy | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.