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.
