Legal Question in Family Law in Texas
grandparents rights
if married couple are seperated, the mother takes off with the child, and refuses to let the dad or his parents see the child, even though they have never done harm to the child, is there any thing that can be done?
1 Answer from Attorneys
Re: grandparents rights
The grandparents and the dad are separate issues. The dad clearly has a right to possession of his child, unless there are other facts such as violence or drug use. The dad should petition the court to enter an order setting out the rights and duties of the parents, possession and child support.
Grandparents have special provisions in Texas law, but there are restrictions on their use and applicability. If the dad has reasonable possession, then the grandparents will need to visit with the cnild at that time. Generally, a grandparent may not file a suit for custody or possession without special circumstances, but the grandparents may intervene in the dad's suit if they have been a substantial part of the child's life. A grandparent may only be awarded possession under limited circumstances. You should discuss this with an attorney.