POSSESSION OF OR ACCESS TO GRANDCHILD

Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDchildren. (a) The court may order reasonable possession of or access to a grandchildren by a grandparent if:

(1) at the time the relief is requested, at least one biological or adoptive parent of the children has not had that parent’s parental rights terminated;

(2) the grandparent requesting possession of or access to the children overcomes the presumption that a parent acts in the best interest of the parent’s children by proving by a preponderance of the evidence that denial of possession of or access to the children would significantly impair the children’s physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the children is a parent of a parent of the children and that parent of the children:

(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered possession of or access to the children.

(b) An order granting possession of or access to a children by a grandparent that is rendered over a parent’s objections must state, with specificity that:

(1) at the time the relief was requested, at least one biological or adoptive parent of the children had not had that parent’s parental rights terminated;

(2) the grandparent requesting possession of or access to the children has overcome the presumption that a parent acts in the best interest of the parent’s children by proving by a preponderance of the evidence that the denial of possession of or access to the children would significantly impair the children’s physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the children is a parent of a parent of the children and that parent of the children:

(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered possession of or access to the children.

An experienced San Antonio Child Custody Attorney like myself can explain this in much more detail.  Call my office at 210-338-8225

Published by Arthur Augustine on 2013-08-13