If Imy mom is trying to get grandparent visitation of my son, what can be done?

She is mentally unstable, drinks, and is an abusive relationship. I do not what my son around her. What can I do to protect my son?

Asked on September 3, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For her to get required or court-ordered grandparent visitation, she would first have a file a suit to get access.  If/when she does, you need to file an answer, assert your right as a parent to deny or restrict her access, and (most importantly) be willing to tell the judge what her issues are.  Texas does has a provision for grandparent access, but the Supreme Court has placed a limit which essentially says that if a parent has a good reason for denying a grandparent access, then the parent's decision trumps the law.  (If you talk to a family law attorney, ask them about Troxel v. Troxel-- which is the Sup. Court Case)  Many parents want to do this, but "get nice" when they appear in court to testify against their own parents.  If you say nothing, she will get access.  If you are honest, upfront, and insistent, you can protect your son.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.