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

Related Topics:
2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • 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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.