Granbury, TX asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas

Q: Can my girlfriend's mother sue for grandparents rights in Texas if she lives in Oklahoma

She's been harassing and making false accusations for one year

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's physical health or emotional well-being.

However, the fact that the grandmother lives in Oklahoma adds complexity to the situation. She would generally need to file for grandparents' rights in the state where the child resides, which in this case is Texas. The laws of the child's home state typically govern issues related to custody and visitation.

The ongoing harassment and false accusations you mentioned could impact the case. If these actions can be proven, they might affect the court's view on whether granting visitation rights is in the best interest of the child.

Given the complexities of interstate legal issues and the specific challenges in your situation, consulting with an attorney experienced in family law in Texas can be helpful. They can provide guidance tailored to your specific circumstances and help you understand how the laws in Texas apply to your situation. Legal advice is essential in cases involving potential interstate custody or visitation disputes.

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