Grandparents custody and visitation rights

Grandparents’ Custody and Visitation Rights in Texas

For grandparents in Fort Worth, Texas, navigating the legal landscape surrounding their relationships with their grandchildren can feel like a complicated dance when divorce is in the mix. On one hand, the emotional bond is undeniable, yet legal rights are far from guaranteed.

What steps can be taken to secure grandparents' custody and visitation rights Texas family court? Let's break down the key moves that grandparents need to know.

Understanding State Limitations


Unlike other states, Texas does not grant automatic grandparent visitation rights. Courts prioritize the presumption that parents act in their children's best interests. This means grandparents must overcome this hurdle if they seek court-ordered access.

Qualifying for Custody or Visitation


Before taking legal action, grandparents must meet specific criteria. You qualify if you're either:

  • A parent of a biological or adoptive parent

    • This opens the door to seeking "possession" (custody) or "access" (visitation).



  • A grandparent of a child whose parent:

    • Is deceased,

    • Has parental rights terminated,

    • Is incarcerated, or

    • Deemed mentally incompetent.




Prove Harm to Child Without Grandparent Rights


Here's where the dance gets challenging. To secure visitation or custody, grandparents must demonstrate that denying access would significantly impair the child's physical health or emotional well-being. This requires solid evidence, such as:

  • Testimony from teachers, counselors, or other professionals about the positive impact of the grandparent-child relationship. 

  • Documentation of a long-standing, close bond between grandparent and child. 

  • Evidence of harm or neglect by the current caregiver.


This is a high bar to clear. Consulting an experienced family law attorney familiar with Texas grandparent custody and visitation rights is crucial for navigating this complex step.

Alternative Path to Grandparents Rights


While court intervention may be necessary in some cases, consider these options first:

  • Mediation: A neutral third party can facilitate communication and potentially reach an agreement outside of court.

  • Authorization agreements: Grandparents and parents can draft a formal agreement outlining visitation terms, avoiding the courtroom altogether.


Your Grandchildren


Throughout this challenging journey navigating complex legal matters concerning your grandparents' custody and visitation rights, never lose sight of the one who matters most: your precious grandchild.

Every decision you make, every step you take, should be guided by the grandchild's well-being and best interests. Approach this situation with a heart full of love and a mind open to understanding their unique needs and concerns.

Here are some specific ways to prioritize your grandchild's well-being:

  • Be a Champion for Their Happiness and Safety: Let their needs and concerns be your guiding light. Ensure their emotional and physical well-being remains the top priority in every action you take. Advocate for their best interests with unwavering dedication.

  • Embrace Empathy and Understanding: Seek to see things from their perspective. What are their fears, hopes, and anxieties? By understanding their emotional landscape, you can make decisions that truly resonate with their needs.

  • Seek Cooperation and Harmony: Remember, you are not alone in this journey. Collaborate with others who have the child's best interests at heart. Open communication and a willingness to work together can pave the way for a harmonious outcome for everyone involved.


Throughout this process, remember that compassion and collaboration are key. You are embarking on a difficult journey with your grandchild. With love, understanding, and a commitment to their well-being, you can navigate this path together and create a brighter future for them.

Grandparents Seeking Custody and Visitation Rights


By following these steps and keeping the child's best interests at the forefront, you are one step closer to securing grandparents' custody and visitation rights.

Remember, you are not alone. With the right guidance and unwavering dedication, you can advocate for your grandchild's well-being and create a brighter future for all involved.

I hope this blog empowers Texas grandparents to understand their rights and navigate the legal system with confidence.

Call me today to schedule your free consultation to review grandparents' custody and visitation rights.

 
Child Looks Over Father's Shoulder

Complex Scenarios in Child Custody and Child Support Cases

Divorce Attorney in Fort Worth Spencer NilssonHello! I'm Spencer Nilsson, a passionate family law attorney in Fort Worth, TX, dedicated to helping you navigate legal complexities. I believe in empowering you with information and transparency throughout your case, so you can make informed decisions.

In 2013, I founded Nilsson Legal Group, focusing solely on family law. Since then, our team has helped hundreds of Tarrant County clients achieve their goals within the family court system. We understand the emotional and legal challenges families face, and we're committed to providing compassionate and skilled representation. Please don’t hesitate to reach out.

 

Complex Scenarios in Child Custody and Child Support Cases


I'm particularly passionate about helping parents navigate the complexities of child custody and child support. Today, we'll get into this crucial topic, exploring what goes into determining custody and child support arrangements, factors the court will consider, and other lesser-known requirements and regulations.

Mental Health Reminder


When making custody decisions, courts prioritize the child's best interests. This includes considering the mental health of both parents and the children.

 
If a parent struggles with mental health issues, the court may order professional evaluations to assess their ability to provide a stable and nurturing environment.

 

Remember, seeking help for mental health concerns can demonstrate your commitment to your child's well-being.

 

Reasons for Denial of Child Custody


Unfortunately, certain factors can negatively impact your chances of obtaining custody. These include:



    • Domestic or child abuse: The court prioritizes the child's safety and security.




 



    • Substance abuse: If you have a history of substance abuse, demonstrating sobriety and commitment to recovery is crucial.




 

  • Lack of a stable environment: The court needs evidence that you can provide a safe and secure home environment for the child.


 

Calculating Child Support


The question of how much child support costs is something I see regularly. Texas uses a specific formula to determine child support that makes every case unique. When determining the cost of child support, the courts consider various factors like the income of both parents, the number of children involved in the divorce, and who provides health insurance for the children in question.

 

All of these factors can raise or lower the support obligation for the paying parent.

Child Injured in Non-Custodial Care


Brace yourself and imagine your child sustaining a serious injury while under the care of their non-custodial parent. This raises several crucial questions:

Was the Injury Accidental?


If the injury was caused by negligence or recklessness on the non-custodial parent's part, you may have grounds for legal action. This could involve seeking compensation for medical expenses, pain and suffering, and emotional distress. We can even help you open the door to modifying child custody.

Did Your Ex Breach Their Duty of Care?


Parents have a legal duty to provide a safe and secure environment for their children. If the injury occurred due to a failure to fulfill this duty, legal action may be possible.

What Are the Long-Term Consequences?


If the injury results in permanent disability or requires ongoing medical care, you may need to seek additional financial support from the non-custodial parent.

Navigating this complex situation requires careful consideration and legal expertise from a Fort Worth family law attorney like myself. I can help you in the following ways:



    • Gather evidence: Documenting the injury, medical records, and any witness statements is crucial for building a strong case.




 



    • Know your rights and legal options: An attorney can assess the situation and explain your legal options, including potential grounds for a lawsuit or seeking modification of the child support order to cover the child's ongoing needs.




 

  • Protect your child's best interests: Your attorney will ensure your child's rights are protected throughout the legal process and advocate for their best interests.


 

Relocation of Custodial Parent


Imagine the custodial parent receives a job offer in another city, significantly altering their living situation. This relocation can impact child custody arrangements in several ways.

 

Relocation involving a significant geographical distance could drastically impact the non-custodial parent's visitation rights. The court may need to modify the visitation schedule to accommodate travel time and maintain a meaningful relationship between the child and non-custodial parent.

 

Continuous relocation also causes issues. Frequent relocation can disrupt the child's sense of stability and continuity. The court may consider this factor when determining whether the relocation is truly in the best interests of the child.

 
The relocation could also impact child support calculations. The court may need to adjust the child support amount based on the changed expenses and income levels of both parents.

 

Significant Change in Income


A significant change in either parent's income can trigger a review and potential modification of the child support order.

 

If the non-custodial parent loses their job, their ability to pay child support might be significantly reduced. The court may need to adjust the support amount to ensure the child's needs are met.

 
If either parent receives a substantial inheritance or windfall, the court may consider this when reassessing child support. The non-custodial parent might need to contribute more financially to support the child's needs.

 

If either parent experiences a significant change in employment, such as a promotion or job change with a higher salary, the court may need to adjust the child support amount to reflect their altered financial circumstances.

Let Nilsson Legal Group Get You Through Child Custody


Child custody and child support are crucial matters with lasting consequences. As your Fort Worth family lawyer, I'm here to guide you through every step of the process, ensuring your voice is heard and your child's best interests are protected. Don't hesitate to reach out to Nilsson Legal Group for a free consultation. Together, we can navigate this challenging time and build a brighter future for your family.
father and child watch sunset

When Should You Call a Father’s Rights Lawyer in Fort Worth?

If you are a father going through a divorce or custody dispute over your children in the Fort Worth, TX, area, you may be wondering if you need to hire a father’s rights lawyer like me to protect your parental rights.

 

As a Fort Worth divorce lawyer, I’ve seen my share of cases and understand that divorce and custody battles can become contentious, especially when it comes to determining custody arrangements and visitation schedules.

 

Having an experienced father’s rights lawyer can make all the difference. Here are some signs it may be time to call on Nilsson Legal Group in Fort Worth, TX for help with your custody case.

You Feel Your Rights as a Parent Are Being Violated


As a father, you have certain legal parental rights regardless of whether you are married to the child’s mother. These rights include being involved in major decisions about your child’s welfare, spending meaningful time with your child, and having access to school and medical records.

 

If your child’s mother tries to cut off access to your child or excludes you from important choices regarding healthcare, education, or religion, it may be time to stand up for your rights as a dad with my team’s help.

 

Our attorneys can help you build a strong case against the obstacles your face and ensure you remain an equal parent, despite the spite of your ex.

Your Ex-Spouse Isn’t Complying with Your Informal Custody Arrangement


Sometimes, divorced or unmarried couples start off trying to manage custody arrangements, visitation schedules, and child support on their own informally without going to court.

 

I’ve seen these types of deals regularly break down over time if one parent fails to comply with the expectations.

 

For instance, if your ex suddenly stops letting you see your kids or frequently cancels your visitation at the last minute, don’t suffer in silence.

 

Call us today for reputable Fort Worth father's rights representation. Trust us to protect your rights as a dad. My team and I can help formalize a fair child custody and visitation schedule, which your ex-spousemust legally abide by.

You Disagree with the Current Custody and Visitation Schedule


Even if you have a formal custody arrangement ordered by the court, as circumstances change, you may decide the current schedule really isn’t in your child's best interests anymore.

 

For example, maybe your work schedule has shifted significantly, making the current visitation plan impractical. Or perhaps your child is old enough to express wanting more time with dad.

 

Don’t take matters into your own hands and violate the court order. Call our law firm so I can formally petition the court to modify the custody order in a way that works better for you and your kids.

You’re Concerned the Mother May Relocate with Your Child


One of the biggest fears divorced dads have is an ex deciding to move away with the children when the divorce is finalized.

 

Relocation disputes require legal intervention. If your ex mentions wanting to move to another city or state, even without a formal parenting plan, immediately call Nilsson Legal Group.

 

I can request the court prevent the other parent from moving by filing a temporary injunction while custody is resolved. Don’t wait, or you risk not seeing your kids for months.

Your Ex Makes False Accusations Against You


Unfortunately, contentious divorces and custody battles sometimes entail one parent making exaggerated or outright false accusations about the other parent being an unfit influence.

 

Mothers may accuse the father of things like drug addiction, child abuse, domestic violence, and more, which could restrict your custody rights.

 

Never ignore serious allegations like this, especially if they aren’t true. Call me right away to build your defense and advocacy strategy against bogus claims.

Choose a Trusted Father's Rights Lawyer


Going through a custody battle or divorce as a father while trying to look out for your children’s well-being can be immensely challenging. You don’t have to do it alone.

 

Trust Nilsson Legal Group in Fort Worth to bring a caring yet aggressive   Father’s Rights approach to your situation.

 

Whether negotiating an initial custody arrangement or fighting false allegations against you, legal guidance makes a big difference. Call today to schedule your free consultation at (817) 953-6688.
Child Custody & Visitation Document

Working With Your Fort Worth Custody Lawyer to Modify Child Custody

Making the decision to modify an existing child custody agreement is never easy. As a parent, you always want what is best for your child, but you also don't want to unnecessarily disrupt their life or create conflict with your co-parent.

 

However, circumstances sometimes change, or the original custody order is no longer working. If you have determined it's time to revisit the custody arrangement, there are steps you can take with a Fort Worth custody lawyer to do so constructively.

 

Consulting with a Fort Worth Custody Lawyer


If you know your children are in a situation where emergency custody or a custody change is necessary, the first step is to meet with an experienced Fort Worth, Texas custody attorney.

 

Custody disputes can become complex legal matters, so having professional guidance is highly recommended.

 

When looking for an custody lawyer in Fort Worth, reach out to Nilsson Legal Group. Our lawyers have extensive experience in family law and custody cases. We put our clients first and always ensure you feel comfortable communicating openly with our team.

 
During your initial free consultation with our team, explain your situation and reasons for wanting to modify custody. Provide documentation such as your current legal custody agreement, records showing issues with the current arrangement, and anything else relevant to your case.

 

Be open about what an ideal new arrangement would look like from your perspective.

 

Determining if There are Legal Grounds for Modification


Listen closely as your custody lawyer explains the legal grounds needed for a judge to consider changing custody. In most states, you must prove that a significant change in circumstances has occurred since the current agreement was made.

 

Examples could include someone wanting to move far away, issues with childcare, problems with compliance by one parent, or other major life changes.

 

We can review your particular situation and give our professional opinion on whether you have sufficient grounds to request a custody modification at this time.

 

Negotiating with the Other Parent


Ideally, you can reach a new custody agreement with your co-parent through direct negotiation and avoid going to court. Your attorney can help craft a proposed parenting plan you both agree on. Effective negotiation requires understanding your ex's perspective, focusing on mutual goals like the child's wellbeing, and seeking fair compromises.

 
However, not all cases can be resolved through agreement alone. If your co-parent absolutely refuses to consider changing the custody arrangement, won't compromise, or negotiations break down, our attorneys can advise you on the next steps. This may involve filing paperwork to request a hearing before a judge.


Preparing for a Custody Hearing


If you and your co-parent cannot agree and asking the court to decide is necessary, your Fort Worth custody lawyer will help you build the strongest case possible. This includes gathering evidence and documents, lining up witnesses, putting together arguments and testimony to present before the judge, and more.

 

Some useful information for custody hearings includes school records, medical reports, statements from teachers or doctors, records of any services the child has received, and detailed accounts of issues under the current agreement. Also, be prepared to speak about your employment, living situation, relationship with your child, and any other relevant factors.

 

From there, our attorneys will know exactly how to present persuasive evidence and arguments in court.  Call the Nilsson Legal Group to schedule your free consultation at (817) 953-6688.


Tips for Working Constructively with Your Lawyer


Going through custody disputes can be emotional, frustrating, and extremely stressful. Having an attorney guide you through the complex legal process makes a challenging situation far more manageable.

 

When it comes to modifying custody, we suggest following these tips for working constructively with your lawyer in order to bring you closer to your best possible outcome.


Be Organized and Prompt


Attorneys have many cases and represent many clients. We want to optimize the time we have with each client. You can make our job easier by being organized and prompt.

 

Provide the requested documents as soon as possible. Arrive early for meetings. Respond promptly to calls and emails so we can work efficiently.


Communicate Openly


Don't hold back details about your situation, even embarrassing or negative facts. We need a complete picture of you and your co-parent’s situation to build the strongest case. Be candid when answering our questions. If you are unsure about any advice we bring to the table, ask for clarification rather than avoiding the issue.


Be Realistic


Understand that the family court system must balance the rights of both parents. Be realistic about the custody arrangement you may get. Seek compromise where possible. Listen if your attorney explains why your desired outcome may be unlikely or unreasonable legally.


Put Children First


By picking the right Fort Worth custody lawyer and working cooperatively with them, you can improve the odds of reaching a reasonable custody agreement, even if an agreement fails after the fact. At Nilsson Legal Group, we understand that conflicts over child custody are difficult. Our Fort Worth custody lawyers are prepared to offer professional legal advice that can help you protect your relationship with your child and advocate effectively for their needs.

 

In divorce agreements, your children come first. If you’ve gone through a divorce and are experiencing custodial bumps in the road, call Nilsson Legal Group today. Schedule your free consultation today.

 
Middle of Divorce New Year Resolutions

New Year’s Resolutions for Those in the Middle of a Divorce

Now that we’re in a new year, many people are through with the holidays and ready to move forward with the divorce process they’ve delayed over the past month.

Although we can say that divorce is never a great experience to go through, there are some resolutions people in the middle of the process can take to best get to the final divorce decree unscathed.