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What factors determine grandparent visitation?

Grandparents can bring such happiness to their grandchildren's lives. Being a grandparent can allow you to have the kind of fun that is only possible to have with children, without having the weight of full-time responsibility for their care.

Further, if you are a grandparent, you understand that your grandchildren are an important part of your legacy and as such, you may feel a strong desire to be a part of their lives. Unfortunately, sometimes family situations can become difficult and for one reason or another, a parent or guardian may try to prevent a grandparent from seeing his or her grandchildren.

However, as was written in a previous post on this blog, in Texas, the court recognizes the important role grandparents can play in the lives of their grandchildren. Therefore, if you are having trouble getting access to your grandchildren, you may wish to seek visitation rights in court.

When making visitation decisions, the court bases its determination on what it considers to be in the child's best interests.  If you are a grandparent seeking visitation rights, the following are some of the factors that the court may examine:

  • The most recent time you were with your grandchild.
  • Your relationship with the child's parent or guardian.
  • How the time dedicated to your visitation would affect the child's ability to spend time with other family members or his or her birth parents.
  • The manner in which your visitation could affect the child's and legal guardian's relationship.
  • The nature of your relationship with your grandchild.

The court also has the option to look at any other factors that it considers relevant when deciding to grant or deny your visitation rights. Getting your visitation rights may not be as easy as you would like, but the process may be made easier with the assistance of a Texas family law attorney. An attorney could help you prepare your case in an effort to convince the court that your grandchild would greatly benefit from your presence.

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