Magnolia, TX asked in Family Law and Child Custody for Texas

Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids. One is non verbal autistic.

So what I am hearing from everyone is either I call CPS or I butt out. My daughter does not take them to get proper medical help. They have not had dental care. My autistic Grandson has not had any therapy or seen a proper doctor. He is almost 8. The house smells of cat pee. There is always dog poop and pee everywhere. We have helped support them for 10 plus years.

I can go on and on. On and they have always had another person living with them. My son in law, refused to go to Korea so the army made him get out. Right now his brother lives with them. they had my daughters ex before that, he got busted for ONLINE Solicitation of a minor

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2 Lawyer Answers
Rick  Davis
Rick Davis
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: Under the Texas Family Code, you have to have "standing" in order to bring a lawsuit to get Court ordered possession of or access to children. "Standing" essentially means the right to bring the lawsuit. It can be very technical. You need to consult with an experienced family law attorney to determine if you have standing to bring such a lawsuit.

Sharita Blacknall
Sharita Blacknall
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: Grandparents do not have visitation rights just because they are grandparents. Grandparents have to meet other conditions of the family code in order to have the right to file for custody or visitation. And even then the Judge has wide discretion on whether to grant custody or visitation to a non-biological parent.

Here are a couple of examples of people who may have the right to file for custody or visitation: 1. A person who can prove that the children have lived with them for at least 6 months, ending not more than 90 days before the filing of the suit. 2. A relative with documented proof that the children's physical or mental health are being impaired.

Please note that the Judge has to determine that you have the right to file and that it is in the children's best interest to get what you are asking for.

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