Legal Question in Family Law in Texas

I 23 yrs old and bout to give birth to my second child. I am having issues with my parents that we dont talk and havent since i first found out i was pregnant. some how found out where and when i am to give birth and they plan on being there. I also heard they talk to an attorney and have been giving the right to be with me at the hospital for 15 hrs, I am a grown woman how is or is this possible? I strongly do not wish to see any of my family nor have them see either of my children


Asked on 12/09/10, 9:01 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I've never of heard of such a thing.

I think they are bluffing.

They can talk to any attorney & they can hire an attorney & they can sue you.

But, that does not mean that they can win!

If you are legally competent -- that means that no court has declared you to be mentally incompetent -- then you can do whatever you want.

Grandparents have very limited rights in the State of Texas as long as YOU are alive and/or not in prison. Therefore, as the parent of these children - YOU control your children. The US Supreme Court has a case common known as TROXEL that says that a parent knows what is best for their minor children and if they don't want their children to be around the grandparents then that is what is best.

In your case, if they have never seen the grandchildren, then the grandchildren have never known their grandparents so there is no "bond" there and the grandparents will have a very hard time in court trying to have a judge grant them any sort of visitation with grandchildren that they have never met!

If you talk to your doctor or any staff person, I'm sure that they will keep them away since your health is the most important thing when giving birth to a baby.

Talk to your doctor and the hospital NOW. Please explain to them that you do not want your parents around when you are in labor.

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Answered on 12/15/10, 6:33 pm


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