When Parental Rights Conflict With Those of Non-Parents
One of the most difficult outcomes of the dissolution of a relationship is the effect it can have on the relationship between a grandparent and a grandchild. In the aftermath of divorce or other significant relationship changes, grandparents can find themselves without access to the children they have loved and visited with since birth. At the Law Office of Kimberly D. Levi, a family law practice in Houston, you can expect experienced representation in all facets of matters involving parental rights versus the rights of non-parents.
Supreme Court Limits Rights of Grandparents and Non-Parents
Grandparents rights received a setback in 2000 when the U.S. Supreme Court declared it unconstitutional for grandparents to infringe on the rights of a fit parent. Many interpreted the ruling as placing severe restrictions on the rights of grandparents who wish to seek custody of or visitation with a child against the parents' wishes. Since 2000, many Texas courts have reviewed and interpreted this controversial ruling of the United States Supreme Court.
In the years since the Supreme Court's ruling, cases in Texas involving grandparent and non-parent rights have focused on the following issues:
- Is the child endangered by the current custody and visitation arrangement?
- Are the parents fit?
- In the case of grandparents rights, does the parent already allow "reasonable" visitation between the grandchild and the grandparent?
Texas courts often interpret the answers to the foregoing questions as "threshold" issues that go toward whether the court will even allow the litigation brought by a grandparent or non-parent to proceed.
Resisting or Obtaining Child Custody or Visitation
Whether you are seeking or resisting a request for custody or visitation by a grandparent or non-parent, it is essential to seek advice from an attorney who knows how Texas appellate courts have ruled in similar cases and how particular courts in your jurisdiction are likely to rule. Understanding at the outset the likelihood of success of such litigation can go far in saving you valuable time and money. Being armed with knowledge of the law in Texas and with its application to the specifics of your case is invaluable to you in your decision-making process. Understand your rights by contacting the Law Office of Kimberly D. Levi today.
Schedule a Lawyer Consultation
To discuss your rights with attorney Kimberly D. Levi, please call 888-324-6330 or fill out the contact form on this site. Ms. Levi has more than 15 years of experience assisting families in finding sustainable solutions for the family in Houston, Texas, and the surrounding areas.
