Legal Question in Family Law in Texas

I live in Texas, my adopted son is in prison for burglary of his ex's parents house. They have two children together, since I am no blood relation to the children, can I still get visitation? I don't have any kind of relationship with the children. I just want to be able to take them to the prison to visit their father, there ages are 3 and 5. Also, how much would it cost me to go to court over this? Also, my son and his ex were never married.


Asked on 11/04/11, 7:16 am

1 Answer from Attorneys

Fay James Law Offices of James & Stagg, PLLC

Any biological or adoptive parent may request possession or access to a grandchild. The type of lawsuit that a grandparent would file would be dependent on what orders are currently in place for their child. The parent or adoptive parent would file an original suit if there are no orders in place and if there are orders in place for visitation regarding the grandchild and the incarcerated parent then the suit would be a modification lawsuit. The petitioning grandparent must be able to allege in an affidavit that the denial of possession to the grandchild to the grandparent would significantly impair the child's physical health or emotional well-being. Also, it should be noted when the child is not born during marriage or the parent did not sign acknowledgement of paternity when the child was born, the parentage must also be established. The cost for such a case will vary in terms of the work that is needed to be done. I believe a minimum estimate for a case such as this would be $2500.00

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Answered on 11/04/11, 8:24 am


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