Does a grandparent have the right to file a petition to modify a visitation order?
Yes, a grandparent in Texas does have the right to file a petition to modify a visitation order. This right is protected under the Grandparent’s Rights Law, which states that a grandparent may file a petition in a suit affecting the parent-child relationship if there is good cause. In order for a grandparent to successfully petition for a modification to a visitation order, the grandparent must prove that there has been a substantial and material change in circumstances since the original visitation order was issued. This change could be something such as a move or a change in the grandparent’s living situation that prevents them from being able to carry out the original visitation agreement. Additionally, the grandparent must also be able to prove that the modification is in the best interest of the child. This could mean demonstrating that the proposed modification will bring about an increase in the benefit or stability in the child’s life. Once the grandparent has filed the petition and presented their arguments in court, the court will make the decision as to whether or not to modify the visitation order. If the court decides that modification is warranted, they will issue a new visitation order that both the grandparent and the parents must abide by.
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