Legal Question in Family Law in Texas

Grandparents Rights

My brother in law has had custody problems since his son was born (11 years ago) and has not seen is son for almost 2 years. He has also had problems paying child support so they have been in and out of court for several years. He is back on track now and pays child support regularly. His parents, my in-laws want visitation with his son, but the mother refuses. We live in a small town, so when there is a public event and we know he is going to be there we show up. This is the only way we can see him, his mother acts like everything is okay. She has now written my in-laws a letter saying that we can longer go to these events we are endangering his safety. If it is a public event how can she tell us to stay away. All we do is give him a hug and say hi and he goes back to what he was doing. We don't even get to visit with him. What can we do, this is killing my mother-in-law???


Asked on 7/22/05, 1:28 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Grandparents Rights

Unless there is a restraining order or protective order issued by a court, you are allowed to go into public places. If you are disturbing the peace, I assume that you would get arrested. If the mother wants to restrict your movements, she would need to file a lawsuit against you and have a hearing. She would have to prove how you are dangerous. You would need to hire an attorney to defend against such a lawsuit.

The father of the child should go back into court and file contempt on the mother for the visits he has missed. Usually the court will order make up visits.

Find a lawyer that only does family law in the county where the jurisdiction is for this case.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 7/22/05, 4:40 pm


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