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“If you need real people who put you first, Kevin and his team are who you need. I plan on keeping in touch with them in the future. They have become part of my family.” - James H.
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“Family issues are something I would never wish on anyone but Kevin and Lisa were very professional and kind through the whole process. Never easy but I feel they made it far easier than it could have been. I would highly recommend the whole team to help th” - Bill P.
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“He has always been accessible to communicate with, which was greatly appreciated throughout my case. I highly recommend Ft. Worth Lawyers.” - S. C.
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“Lisa Peterchuck was wonderful in advising me of what the next steps would be and how to handle the situation ahead.” - Kathrina B.
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“J. Kevin Clark P.C. and his team are fantastic hands down! When I meet Kevin I was so lost. My divorce case was extremely contested. Kevin, and his team helped me with the entire process.” - Ryan H.
Fort Worth Grandparents’ Rights Attorney
Helping Grandparents Assert Their Rights in Tarrant, Parker, Dallas, Denton, Johnson and Hood Counties in Texas.
What happens when a parent will not allow a grandparent to see their grandchild? Do grandparents have any rights to their grandchildren in Texas? The law has clear answers to these questions and any other concerns you might have about your rights to visitation and custody as a grandparent. At the Law Office of J. Kevin Clark P.C., our goal as lawyers is to help those through difficult times. The legal system is not always friendly, and we can walk you through the nuanced language of the law and help you assert your rights in court. We are always prepared to take your case as far as it needs to go in your favor.
Schedule a free initial consultation with our firm online or at (817) 241-3328 to learn more.
Overcoming “Parental Presumption”
The United States Constitution and Texas law have long recognized and closely guarded the right of a fit parent to make decision concerning the care, custody, and control of their children without interference from others or the government. This is rooted in a presumption that fit parents know how to raise their children and act in their children’s best interest, and this right cannot be disturbed without proving the parent is unable to act in the children’s best interest. This is referred to as the “parental presumption” in custody cases.
In order to protect this parental right, the courts have limited the people who may request access to a child and require that the party requesting access overcome the parental presumption. In short, parental presumption grants parents the superior right to decide who has access to their child, and this right cannot be overridden unless otherwise shown that the parent is not acting in the child’s best interests.
Grandparents’ Rights to Visitation and Custody
In certain circumstances, a grandparent may petition the court for visitation, such as if:
- a parent passes away;
- a parent abused or neglected the child;
- a parent is incarcerated for at least 3 months;
- a parent has had their parental rights terminated in a court order; or
- the child resided with the grandparent for at least 6 months.
As long as the grandparent can overcome the presumption that the parent is acting in the child’s best interest, they may request visitation access. Note that to show the court that the parent is not acting in the child’s best interest, the grandparent must prove that the child’s physical and/or emotional well-being would be significantly impaired if the grandparent is denied the right to visit with the child.
A grandparent may also ask the court to name them a conservator and order periods of visitation for that grandparent if they have had actual care, custody, and control of the child for at least 6 months. This means the grandparent was making decisions for the child regarding education and medical care and provided the day-to-day care for the child and the child’s parent allowed the grandparent to make these decisions on their behalf. After showing the court that they have had care, custody, and control for the child, the grandparent must then show that not allowing visitation with the child would significantly impair the child’s physical and/or emotional well-being.
Note that typically, parental presumption is not applied in modification cases, only in the original divorce or custody case. However, a recent decision by the Texas Supreme Court in In re C.J.C. held that the court must apply the presumption that a fit parent, not the court, determines the best interests of the child in any proceeding in which a nonparent is asking the court to name them a conservator of the child or grant them visitation over the objections of that parent. As a result, in order to exercise their visitation and custody rights as grandparents, the requesting grandparent must: (1) be in one of the above listed situations, and (2) prove the fit parent isn’t acting in the child’s best interest when denying the grandparent visitation.
Questions about asserting your grandparent rights? Contact the Law Office of J. Kevin Clark P.C. online or at (817) 241-3328 for a free initial consultation to discuss your legal options in your Fort Worth case today.
Get the Results You Deserve with a Team You Can Trust
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Convenient Location
Serving clients in Ft. Worth, throughout Tarrant County, and greater Texas.
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Strong Communication
Close, interactive, communication ensures alignment with a clients' most important goals.
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Accessible Counsel
Prompt access to your lawyer from day one addressing your concerns and beyond.
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Effective Advocacy
Skilled representation across a wide spectrum of divorce and family law matters.
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Respected Reputation
Voted as a "Top Attorney" in Ft Worth Tx: The City's Magazine - by his peers.
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Trial Experience
Certified in Civil Trial Law by the Texas Board of Legal Specialization since 1987.
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