My spouse doesn't really
want the kids but my spouse's parents are pushing him or her to press for more
visitation. What can I do?
Until very recently, grandparents in Texas had very limited rights. They rarely,
if ever, had standing to contest conservatorship on their own. This caused many
grandparents to force their children who were ambivalent to fight ever more hard
for custody. However, recent changes to the Family Code have given grandparents
standing to sue for visitation in specific circumstances, and to occasionally
intervene and try to seek custody on their own. The state's policy is generally
to discourage grandparents from trying to take kids from a nuclear family but
the "gray panthers" are a strong political body and we anticipate that grandparents
will be given more and more rights in coming years.
We document almost daily the visiting parent who picks up a child for weekend
visitation and drives to the grandparent's home, drops the kid off for a weekend
visitation with grandparents and goes out and parties on the weekend and spends
virtually no real time with the child. This is particular true when very young
children are involved and the visiting parent is a male. Documenting this "child
abandonment" over an extended period can demonstrate to the court the visiting
parent's lack of real desire and his or her role as a proxy for an invisible grandparent.
Our experience is that when thoroughly documented, the courts will often deal
harshly with the trouble-causing parent who only wants the child to satisfy his
own inheritance wishes.