Practice Areas

Grandparent and Other Person Rights to Children

Grandparents and grandchildren can have a tight emotional bond. Texas does not grant intervention rights to grandparents when a family unit is intact and healthy and the children are well-adjusted because a presumption exists that parents will always act in the best interests of their children. Grandparents may, however, petition for court-ordered visitation and even custody in certain situations that arise when, as the Texas Practice Guide puts it, “the original family unit is fractured.”

Petitioning for Visitation or Custody

Grandparents are included in the category of relatives who may apply for custody of a child in Texas. According to the Family Code, they may receive custody of or visitation with their grandchildren if such an arrangement is in the best interests of the children and at least one of the circumstances below applies:

  • The parents have divorced.
  • There is evidence that the child has been neglected or abused by the parent.
  • The parent has died, been declared incompetent, or been incarcerated for at least three months prior to the filing of the petition.
  • The parent’s rights have been terminated by the court. In this instance, the grandparents are required to meet certain deadlines and requirements pertaining to past contact or sibling adoption.
  • One or both parents voluntarily agree to bestow parental rights and responsibilities to the grandparent

The court may also grant grandparent visitation if the child has lived with the grandparents for at least six months. If parental rights are terminated by the Texas Department of Family and Protective Services, grandparents may seek custody (known in Texas as a managing conservatorship) of their grandchildren within 90 days of the termination date.

Stepparent Adoption

Grandparents retain their rights to reasonable contact with their grandchildren if the latter are adopted by a stepparent. It is not, however, an automatic right: the grandparents must demonstrate that loss of content could be emotionally or physically harmful for the children. Access rights could potentially be lost, however, if the children are adopted by any other party and both parents are deceased or have lost / given up their parental rights.

If you are a Texas grandparent who wants to preserve a close and loving bond with your grandchildren, contact Goldsberry & Associates today for a confidential consultation. We will review your options regarding visitation or custody and advise you accordingly.

 

What our Clients Say

  • Ms. Goldsberry is a very professional lawyer. Very considerate and listens with an open mine. She place the importance of our grandchildren's welfare well above the the need of money. She didn't make us feel uncomfortable and cared for our feelings. In court she was very professional and kept on top of what was going on, alert to what direction the case was going. I would highly recommend her to any one.
    Ray, a Grandparent and Custody Client
  • My first experience with Shari Goldsberry was over the phone regarding my custody case for my young daughter. Being a father fighting for custody I found the initial process to be against me; because I am the father – plain and simple. She welcomed my situation, and her tone, sincerity, and attitude had me in her office by the end of the day. Nothing is more personal than a custody case. In the past several months, I have grown to depend on Shari for guidance, support, in addition to representation. I am beyond grateful that she has happily delivered in all capacities, which measure out to more than your typical attorney deliverable. 
In the courtroom she is gifted with calmness and confidence. Her representation is comforting and organic. Having Shari Goldsberry represent my daughter and I is one of the best decisions I have and will have ever made for my daughter. I highly recommend Shari to represent anyone that is looking for representation in a custody case. Not only will you be getting representation, you will be getting support, trust, and experience.
    A Father to a Daughter,
  • Shari has been my attorney for my divorce case and now modification of custody case. She has been solid and thorough through out the entire process. She has always straight shot it from day 1 so you know what to expect and are not being taken advantage of. Her team has always been helpful and they make sure they have every detail. A custody case is very emotional and stressful and she has always managed to help balance everything... Bri, a divorce client and mom
    Bri, a divorce client and mom

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How to Reach Us

Goldsberry & Associates, PLLC.
For more information about our services or to schedule a consultation, call us today at 281.533.3030.

Our primary office is in the Simpson Building, 619 8th Ave North Texas City, Texas 77590. You can also visit our new office at 2206 East Broadway, Suite E, Pearland, Texas 77581.

Additional offices are in League City, Sugar Land and Houston by appointment only.

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Shari Goldsberry was included in the Superlawyers magazine, published by Thomson Reuters in both 2017 and 2018.

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