Can a non custodial parent sign a power of attorney to give a grandparent visitation rights? 1 Answers as of September 13, 2011My daughter's father is in the military and stationed in the same state we reside. In Texas, can he sign his visitation rights over to his parents through a power of attorney? Do I have to let her go with her grandparents?
Reeves Law Firm, P.C. | Roy L. Reeves
This question is excellent and a good chance to discuss the new law - found at TFC 153.701 which in short states that if a conservator (the father) is deployed in a manner that involves moving a substantial distance from the conservator's residence such that it materially affects his/her ability to exercise rights and duties related to a child, either conservator (you or him) may file for an order asking the court to issue temporary orders granting rights and imposing duties upon a "designated person". Key here is that the court "may" this means the Judge has discretion and the Court is the party that does this, your ex cannot unilaterally decide and his parents (grandma and grandpa) do not get the right to go to court and ask or force. Either you or the father must ask. If one of you ask, the Court may or may not grant it. On a collateral note, Grandma and Grandpa need to ask you nicely, and you should consider that your child will benefit (I hope) from that contact, and you may need them to help you out with babysitting etc.
Answer Applies to: Texas