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The Law Office of Lisa A. Vance, P.C.

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Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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What are my rights as a grandparent in Texas?

| Dec 18, 2020 | Family Law, Grandparents' Rights |

While parents are arguably the most important people in a child’s life, grandparents are certainly a close second. And while grandparents don’t have the same rights that parents do regarding the upbringing of a child, they do have rights in Texas.

And, according to Section 153.433 of the Texas Family Code, the court will back grandparents who want access to their grandchildren in certain instances. Specifically, the law has provisions for the court to “order reasonable possession of or access to a grandchild by a grandparent.”

This can happen under these conditions:

(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated;

(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child

  • has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;
  • has been found by a court to be incompetent;
  • is dead; or
  • does not have actual or court-ordered possession of or access to the child.

That second point is a little hard to unpack, but it basically looks at what’s in the best interest of the child, which is a standard judges typically apply when making determinations in cases. The idea is that while parents typically have their children’s best interests in mind, they might not want a grandparent to see the children, when it would actually be better for the children to spend time with their grandparent.

But the provisions in the third point make clear that these are pretty unusual circumstances. It has to be a situation where a parent is not capable or available to look after his or her child.

These conditions come into play when the court issues an order “granting possession of or access to a child by a grandparent that is rendered over a parent’s objections.” There are also custody possibilities for grandparents in cases where Child Protective Services is involved, but those can be part of a lengthy process that’s not always easy or straightforward, and the best interest of the child will certainly factor in.

If you’re a grandparent and you’re looking to exercise your rights—especially if you feel your situation meets what’s described in this article—we’re happy to see you for a consultation at the Law Office of Lisa A. Vance. We can talk about what’s available to you legally given the particulars of your situation, and we can also talk to you about CPS options if you suspect abuse or neglect of your grandchildren. We’re a firm that believes strongly in seeking solutions that prioritize what’s best for the children, and we know that in many cases, that means involving grandparents.

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