While there are times that divorce can be a simple and straightforward process, Kersh Family Law explains that, on many occasions, it can get quite complicated. One of the things that makes divorce exponentially more complex is if the couple has a child. When divorcing couples have a child, who eventually takes custody of the child becomes a focal point in the proceedings. The principle here is to look for what is best for the child, and this involves a number of factors that include one’s financial, physical, and emotional capabilities.
There are some cases, Kersh Law Firm mentions, wherein both parents are seen as unfit to take the children. In such circumstances, other parties such as guardians and grandparents can demand that they take custody. However, it is important to note that grandparents are not equal to parents under the law. In fact, seldom are they given child custody rights – including child visitation.
While the U.S. does not have a specific federal law on grandparent visitation, it has been mentioned in rare cases in the past – but as only being secondary to the visitation rights of parents. The rule is that grandparents can have the right to visit if the court decides it is in the child’s best interest, according to Kersh Law Firm. The court also evaluates whether or not grandparents can or will interfere with the relationship between a parent and a child.
In the state of Texas, there are certain conditions by which the court may grant grandparents visitation rights. If the presence of a grandparent provides physical or emotional stability, he or she may be granted visitation rights. If the child’s parent is incarcerated for at least three months, has been found to be mentally unfit by authorities, is deceased, or is not granted visitations rights for their child, the parent of this parent (the grandparent) may be granted visitation rights, Kersh Law firm adds.
In the event that the court finds that a grandparent’s presence may have a negative effect on a child, the court may withhold granting of approval for visitation rights.
Kersh Law Firm, P.C., has the legal knowledge and Texas courtroom experience to protect its clients’ interests, banking on its extensive expertise in divorce trial and divorce mediation.
Tags: grandparents rights child custody, child custody Texas, child custody grandparents Texas