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Grandparents' rights to visitation

Adoption is an excellent option for starting a family if a Texas couple is unable to have children. However, adoption typically requires that a child's parents renounce their rights to be involved in the life of their offspring. Unfortunately, grandparents typically have no say in such a matter. Unless a grandchild is adopted by a stepparent or by another grandparent, the ability to maintain a relationship with a grandchild could be permanently ended. However, this is affected by state law because some states preserve visitation rights for grandparents in spite of adoption.

Grandparents' rights can also be preserved when certain family issues arise for a grandchild. For example, the death of a parent might allow for that individual's parent to obtain the right to visit their grandchild. In the event of a divorce between a grandchild's parents, a grandparent might be able to seek visitation rights if access has been denied by a custodial parent. The courts will evaluate the best interests of the child in question before awarding visitation rights to a grandparent, and the existing relationship between the grandparent and child might have significant weight in such a decision.

A grandparent's ability to obtain custody could also come into play if a child's parents both pass away. If either of the parents is living, it could be more difficult to seek custody without proving that the parent is unfit. Opinion alone is insufficient, and a grandparent may need legal assistance in substantiating any claims of neglect or abuse.

A lawyer can be an important resource for anyone dealing with family disputes related to visitation or custody. A parent might seek advice about threats from a grandparent disputing their approach to raising a child. A grandparent might request information about how to document instances of a grandchild being neglected by a parent.

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