Legal Question in Family Law in Texas

I have an estranged grandson (Cody) have recently made contact with after many years. He is 16 now and was raised by grandparents on his mother's side. The grandfather died some 8 yrs ago. Cody was then left with the "step" grandmother. She has found out that he has been talking with me online (due to the recent death of my son, Cody's father) and has since forbid him to have any further contact with me. Keep in mind this is not even a blood relative. But those grandparents did adopt Cody when he was 8. Not sure how as my son never gave up his parental rights, but I guess the mother did. What kind of legal rights can I pursue so that I can have contact with my grandson ?? Not interested in custody, just the right to get to know him.


Asked on 8/28/09, 12:58 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

There are provisions in the family code that deals with grandparents rights. Under certain circumstances, grandparents can file suit for possession or access to a grandchild. The fact that the child was adopted by someone other than a stepparent could be a problem for you. If was a valid adoption, you may not be able to request possession or access to the child if

both parents are dead, or both parents had their parental rights terminated, or both parents relinquished their parental rights in writing.

Frankly, it would be unusual for an adoption to go through if one of the parents was alive and still had parental rights to the child.

You need to speak with a family lawyer in your area. Perhaps all you need is a letter from the lawyer.

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Answered on 9/02/09, 11:13 am


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