Legal Question in Family Law in Texas

Re: Transfered Visitation Rights

Grandparents have certain rights if provided in the court's order. If the father of the child wants to "transfer" his visitation rights, certainly his family can take care of the child during the father's visitation period.

Re: Transfered Visitation Rights

Your facts remind me of last year's U. S. Supreme Court case regarding grandparent's rights. The grandparent's lost.

I suggest that you contact an attorney and discuss the matter in depth. An attorney will need to review the Final Decree of Divorce and the terms for visitation contained therein.

If you live in the Houston area, I offer a free consultation.

Best of luck to you!

Re: Transfered Visitation Rights

If the father is not personally excersing his visitation and is habitually turning the children over to his parents, then a court may very well reduce his visitation. They take a use it or lose attitute. While grandparents do have rights to visitation of the grandchild, it is not as much as the father's. Tell mom to document visitations and who is taking care of the children. She will need to set forth a pattern of not exercising visitation to reduce it.

Good luck.

John Pfister

Re: Transfered Visitation Rights

There are two different answers to your questions. If the father is simply wanting to let the grandfather see the child on the father's visits, he can do so. In fact, he can generally let anyone else see the child. If he wants to transfer legal rights of possession, then that will take a court order.

It is important for your daughter to obey the current court order or else she could get into trouble. The father typically has the right to designate someone else to pick up the child.

If the father's father intends to attempt to obtain legal custody, then your daughter will need legal representation. The actions of the child's father will have a lot to do with the situation. Although there is a Texas law concerning grandparent acces, it is currently questionable since a similar Washington state statute was recently struck down and a similar Florida statute was recently upheld.

If you are in the Austin area, you may call my office for an appointment to discuss this further. More often than not, additional facts change the situation. Good luck to you and your daughter.