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Grandparents rights questioned in Texas

Grandparents' rights continue to stay at the forefront of the discussion involving what is in the best interests of the children, as states across the county continue to work on legislation to deal with this growing need. In situations where there are two living parents, it may be more likely that the courts will side with the parents' wishes, but this can change if one of the parents is not present in the situation.

In one case playing out in the state of Texas, a couple had two children who were involved with their paternal grandparents. After the father died while serving in Afghanistan, however, the mother moved the kids to Texas and has refused attempts at contact or visitation with the children's paternal grandparents.

According to reports, the grandfather involved had a disagreement with the children's mother over an unknown issue shortly after his son's funeral. It was after this that the children's mother refused to speak to the grandparents and moved the children to Texas. The grandparents say they have made numerous attempts at contacting the children's mother, including letters and emails, but she has refused to respond. The grandparents are now deciding whether they will be taking legal action in the Texas courts.

Because the issue of grandparents' rights still varies widely across the country, the courts in the state where the children are residing are where the proceedings must play out. In these types of cases, it is very normal for the grandparents to be hesitant about filing with the courts because of the difficulties in dealing with a custody issue in another state, but seeking information from an experienced family law attorney is a good first step.

Source: CBS 6 Albany, "Local case spotlights grandparents' rights issues," May 18, 2015

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