San Antonio, TX asked in Family Law and Child Custody for Texas

Q: What are the chances of removing grandparents rights in Texas if they continue to violate the mother’s rules?

The grandparents sued me for visitation 7 years ago when my son’s dad died because his father lived in their home longer than 6 months with our son. They continue to violate me as a mother- bought him a BB gun without permission, let him spend the night with people I don’t even know without letting me know, don’t follow my rules when my son is grounded, continue feeding him junk food after I’ve asked them not too, undermine me so I have to be the bad guy, they don’t have any rules for him.. things like that. He is 10 now and this is becoming a problem for mine and my son’s relationship. I want to hire a lawyer but I want to know I’m not wasting my time and money.

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2 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: If you have safety concerns for your son that are valid seeking changes to the court order 7 years ago should be definitely doable. You have to show a material and substantial change from then and it appears that you have several changes. Your rights as a parent are superior to the grandparents rights in general. I would imagine that they only have visitation rights and no other. Consult with an attorney as it pertains to your rights to see if you want to pursue it further. Good luck.

1 user found this answer helpful

Jon R. Boyd
Jon R. Boyd
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: I agree with Ms. Thornton's answer except I don't believe the parental presumption still applies once you are modifying the prior order. The law says you must show "material and substantial"

change of circumstances and that your requested change would be in the child's best interest.

I'd be glad to help if you like, feel free to give us a call.

Thanks! -Jon R Boyd

1 user found this answer helpful

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