Grandparents & Rights

Children often create special bonds with family members. When divorce enters a childs life, it is important that the child is still able to interact with those they love. Custody rights may be granted to parents dividing the time with the child as manageable as allows, but where do grandparents fit in?

If a parent is found fit, it is ultimately the parents decision as to who has access to the child. The supreme court has found this to be a fundamental right. But what if a parent is unfit? Who has rights? If a child is involved, it is important to remember the welfare of the child first.

If the child's present environment presents a serious question concerning the child's physical health or welfare, there is cause for concern. Many grandparents often step in, in hopes they can take custody of the child. What does the law say about this?

If the parent of the child is exposing them to physical abuse, drugs, chronic neglect, or an unstable living condition, grandparents can ask the court for possession of the child until a court hearing can be held. These orders are temporary and need much evidence supporting the case. Witnesses, documents, and much proof will be asked for if filing an emergency order for custody.

If you are dealing with a situation and believe your grandchild is in danger, call our experienced team for help. Grandparents who would like to have court ordered access can often be of help in a child’s life. Getting experienced legal counsel can help relieve worries and help you to better understand your rights as a grandparent.

Call the experienced team of Kirk & Williams in Midland, Texas to set up a consultation. We are here to help!