Grandparent’s Right to Visitation


The child suffers from mental trauma when you and your spouse file for a divorce case. But in recent times, it has become evident grandparents have a strong bond with grandchildren. It is becoming phenomenal. At least seven million US children under the age of eighteen live with their grandparents. 37% of them get financial and emotional support from their grandparents. Despite the loving connection, many grandparents long to see their grandchildren often, but in reality, the scope is limited, particularly when the child`s parents are in separation. Friendswood family lawyer is always willing to discuss with you the prevailing situation and establish your right as a grandparent.

Chapter 153 of the Texas Family Code

Section 153.432, 153.434 of subsection H Chapter 153 of the Texas Family Code describes the right of grandparents. These sections do not ensure custody or visitation right of grandchildren

but articulate the circumstances when they can file a petition for access, visitation schedule with grandchildren, even for custody, branded as conservatorship in Texas. The Texas family law restricts the circumstances where a grandparent can appeal for more visitation rights with their grandchildren. Though grandparents have the legal right to visitation and child custody, they have to establish it is in the child`s best interest. As the process is critical, and the need to provide physical evidence to demonstrate the child`s life is in threat. You need to consult a family lawyer to establish your case in front of the learned court.

Form FL-300

To appeal for a visiting right, there must be an open case associated with the grandchildren and/her parents. If not, you are required to open a case to facilitate your request, the California court has a self-help center, and the lawyer helps you to open a case. Form FL-300 must be filled out properly to instigate the request procedure. The form states your preferred visit program, your relationship status with grandchildren and other relevant information you want to share with the court. It is crucial to file the form thoroughly as on the basis of it; the judge states a decree.

The process 

Before filing the petition, consult with an experienced Friendswood family lawyer as he /she can make necessary additional alterations that can change the ruling of the matter. The service of the family attorney also ensures the form has been duly filled and all mandatory information has been furnished. Review it time and again, as it is a vital document for the visitation court procedure. At least make four Xerox of the form, original for the court, one for self, and one for each parent of the grandchildren. Assign the original to the court clerk; the person acknowledges by stamping the copies denoting it has been filled properly. A court fee needs to be paid while filling else; you can request a waiver if you cannot afford it.

The grandchildren`s parents must be served with a notice about the petition and court hearing date. Whether served in person or by mail, the form must be supplemented with Form FL-330or FL-335 as evidence of service. Try for an amicable solution with the grandchildren`s parents for visitation; otherwise, proceed to a court hearing on the scheduled date.

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