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Grandparents’ Rights Attorney in Dallas

Dedicated to Preserving Your Relationship with Your Grandchild

Grandparents with custody rightsGrandparents play an important role in a child’s life. In many cases, they want to ensure that this relationship with their grandchild continues, despite a divorce or custody issue.

However, it is important to realize that the United States Supreme Court ruled that grandparents do not have a constitutional right to see or visit their grandchildren. This ruling is based on the general presumption that parents have an automatic right to determine the best interests of their children and, thus, they are entitled to decide who can or cannot come in contact with their children.

In Texas, visitation rights generally refer to access or continuing contact and/or possession or visiting a child. A grandparent with access can communicate with and visit a child but cannot control or take a child away from a parent or conservator.

The Law Office of Ellen Schutz provides representation for grandparents seeking possession and access. Ellen understands the complex guidelines associated with these types of cases and works diligently until a solution is reached.

Are you a grandparent wondering about your custody or visitation rights? Call (214) 301-3418 or contact us through our online form for a consultation with our Dallas grandparents’ rights lawyer.

Grandparents’ Rights Criteria

Combating parents’ objections can be very difficult for grandparents seeking access and/or visitation privileges.

In order for a grandparent to obtain access and possession, the grandparent must prove all of the following conditions:

  • At least one of the child’s biological or adoptive parents has not had his or her parental rights terminated
  • The child’s physical or emotional well-being would be significantly impaired if the grandparent’s access or possession is denied
  • The grandparent is the parent of the child’s parent

In addition, one of the following circumstances must be true:

  • The child’s parent has been incarcerated for at least three months before the petition was filed
  • The child’s parent has been judicially declared incompetent
  • The child’s parent is deceased
  • The child’s parent does not have actual or court-ordered possession of or access to the child

If a grandparent has had actual care, control, and possession of a grandchild for at least six months prior to filing a suit, they can gain access through a suit for conservatorship. In addition to caring for the child, the grandparent must also be a competent adult and prove that the child’s present circumstances will significantly impair the child’s physical health or emotional development.

For more information on grandparents’ rights, call (214) 301-3418 and speak to our experienced grandparents’ rights lawyer in Dallas.

What to Expect

With Our Firm on Your Side 
  • Personalized Attention

    We go the extra mile for each client so that their result is the best possible outcome

  • Experienced

    Over two decades of family law exclusive experience.

  • Responsive

    Our communication is clear and consistent. Our clients know where their case stands every step of the way.

  • Honest Representation

    Our attorney understands first hand what you're going through; our firm will always be 100 perfect transparent about your case. 


Our Clients Come First
  • “Ms. Schutz is an outstanding family law attorney and advisor. She worked very hard for me in successfully changing my child support arrangements. My circumstances were very difficult so I was thankful ...”

    - JDS
  • “Ellen is truly phenomenal, her work ethic is impeccable. She has helped me through one of the toughest times in my life and I am very pleased with how everything turned out. She is the best attorney ...”

    - Whitney W.
  • “Ms. Ellen was excellent in providing me service, I would recommend her to anyone needing a family attorney. She gets the job done and is really firm with what she says. Nothing but the best.”

    - Eric
  • “I just finished a custody battle that took almost three years. With Ellen’s professional guidance and support, I was able to secure what was best for my children. Without Ellen’s tireless and ...”

    - Russell
  • “It was great working with you. I was stuck working with a previous lawyer where my case did not proceed and I was being charged unduly. You took on my case and brought it to an end in four months with ...”

    - Bhakti D.