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Helping grandparents assert their visitation rights

When it comes to securing visitation rights to see their grandchildren, grandparents will generally face something of an uphill legal battle. That's true not just here in Texas, but across the nation as well.

However, there has been a growing recognition on the part of some lawmakers that children do often benefit from having their grandparents in their lives and, as such, many states have taken action to help ensure that these relationships can continue to develop post-divorce or in other circumstances. 

To illustrate, consider measures currently being debated in Florida and Oregon concerning grandparents' rights:

  • Florida: Lawmakers are considering a bill that would enable grandparents to seek visitation rights to their grandchildren in those cases where their child is missing, in a vegetative state or dead.
  • Oregon: Lawmakers are considering a bill that would enable grandparents to seek visitation rights to their grandchildren if their child lost their parental rights.    

As encouraging as this phenomenon is, those grandparents seeking visitation rights here in Texas will still face a significant -- yet not insurmountable -- challenge. That's because, as we outlined in a previous post, they must have the following:

  • Standing to file the petition.
  • Ability to overcome the presumption of parental fitness.
  • Evidence demonstrating that a significant impairment to the grandchildren will result without access to their grandparents.  

At the Law Offices of Wendy Wood, we understand how this process may seem confusing and even intimidating to grandparents. That's why we are here to explain the law, answer your questions and fight on your behalf. Please visit our website to learn more about how we can help during these difficult times.

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