The Law in Texas Regarding Grandparents Rights Is Changing
The law in Texas regarding grandparents’ rights is changing, and not always in favor of the grandparents. The law varies depending on whether the grandparents are seeking visitation or primary conservatorship (custody), and on whether the child’s parents are married, and even whether or not both of the child’s parents are alive. If a parent is incarcerated, that can make a difference.
In the year 2000 the United States Supreme Court issued a major opinion regarding grandparents rights called Troxel v. Granville. Since then the law has been in flux. The Supreme Court of Texas has issued several opinions correcting state trial courts in grandparent cases in the last few years because the trial courts were applying old law. As an example of the flux in current law regarding grandparent’s rights, here is a brief that Mr. McNamara submitted on behalf of a mother in a grandparents’ case in 2009.
He does not limit his family law practice to representing only parents or grandparents.
A Kingwood Houston Lawyer Who Understands Grandparents Rights Law
Mr. McNamara understands this area of law and has litigated several tough grandparents cases throughout his career. He has represented grandparents and he has represented the child’s parents. Whether you are a parent or a grandparent, if your case involves grandparents seeking rights to a grandchild, he can help you understand the law and decide the best way to proceed or respond.
An Attorney Who Understands The Impact On The Family
The Grandparent’s Perspective
It is important for grandparents to understand the law and the burden of proof that must be overcome before they undertake litigation. An important consideration is the damage that can be done to the relationship with their grandchild’s parent, regardless of whether or not they are successful in the litigation.
The Parent’s Perspective
A child’s parent must also understand what is at stake and the burden of proof required when deciding how to respond to a grandparent’s request. Irreparable damage can be done to the familial relationship; and obstinacy can lead to a court order even more intrusive than the grandparent’s original request.
Experience With The Legal Issues & Beyond
Mr. McNamara has experience with these types of cases from all sides and vantage points. He understands the law and also the damage that can be done to family relationships, and he looks forward to discussing these matters with you.
Contact McNamara Law Office now to schedule a consultation with an experienced Texas family law attorney and divorce lawyer.