Grandparent Rights-Texas

[lac1106]

Jurisdiction/Place: USA - Texas


Here is the situation: My husband has a daughter from a previous relationship. Both my husband, myself, AND my husband's ex are having issues with my mother in law. Actually, its safe to say both of them strongly DISLIKE her.

She is now threatening to get an attorney to see my step daughter. Not because we told her she couldn't see her, but because she is not on "the list" to pick her up from school any more. She's used to being very "in control" due to the fact that my husband was a teenager when my stepdaughter was born.(She is now 7.) We've also let her know she will no longer be picking her up from her mothers because she's rude to her and its causing tension between my husband and his ex. I mean she REALLY over steps her boundaries and feels very entitled.

She has always called and said "She is staying the night with me tonight" instead of asking "hey do you have plans, I'd like to keep her for the night?" (keep in mind we only have her for a couple of weekends a month) Long story short, we sent her a nice but direct email regarding these ill mannered habits of hers and she didn't like it. This is what has brought her to want visitation rights. We have agreed to let her have her tomorrow, but she refuses to come to our home to get her because she's mad at my husband. Its completely out of hand. My question is, will she be able to get visitation rights? How would this work if she is with us the 1st, 3rd, and 5th weekend of the month? The court couldn't possible take another weekend away from her mother right?

 

[Gail_in_Georgia]

Grandparents often believe they actually have "rights" to their grandchildren. In most cases, they do not. However, a judge granting visitation rights over the objection of parents is certainly not unheard of. The deciding factor will be whether granting these visitation rights is in the best interest of the CHILD, not the adults involved.

Gail

 

[jharris352]

In some states grandparents have standing in court to sue for visitation but generally they have no right to custody whatsoever without proving all the others to be "unfit." Now she can cost you a lot of money by running you through court, but the way she sounds it might be worth it just to knock her down a peg or two.

I personally would cut off all contact until she understood her roll in life. I suspect your husband, having been raised by her has a good deal of issues standing up to her. No disrespect meant. Good luck, it's never fun dealing with an overbearing Grandparent especially if they have money to burn on lawyers.

Tell her if she wants visitation rights she needs to be paying CHILD support.

 

[jharris352]

I did a little extra research on Grandparent rights in Texas. Apparently Grandparents HAD a great deal of rights in Texas until the Supreme Court opinion in Troxel v. Granville. Now Grandparent rights are quite a bit harder to get.

Please read this essay written by a Texas family lawyer on the effects of the Troxel case on grandparent rights in Texas.

Troxel v. Grandville and Grandparent Rights in Texas.

 

[Duranie]

I do not think a court should force parents to allow visits with grandparents. That has been overturned by the supereme court in many states. You can ask that grandma pay your legal fees and see if you are awarded them. I believe you should have the right to allow visits or not and i think Dads needs to grow a backbone to her and tell her who is boss and its not her.