What rights do grandparents have in Texas?

We all want what is best for our children and our grandchildren. Often, that means an active relationship and presence between a grandchild and his or her grandparents. In the courts, however, there are not always guaranteed protections between a grandparent and their grandchildren.

The Supreme Court has made rulings that state grandparents do not have Constitutional visitation rights with their grandchildren. In the eyes of the courts, it is presumed that the parents will make an appropriate decision as to whether a child can see their grandchildren. There are some steps one can take to develop a relationship with their grandchildren.

The first and easiest step to take is to reach out and talk to the grandchildren’s parents, explaining why one believes they should be in their lives. If that fails, it is important to know that there are also situations that may allow a grandparent seek and obtain custodial rights or visitation rights.

Although, this is not easy anywhere in the U.S., including Texas, if one can prove to the courts that it is in the best interests of a child to have a relationship with their grandparents, one may be able to obtain visitation rights. Some examples include a parent who is incarcerated, mentally incompetent, has a history of violence or abuse against the child or parents who are not living with the child or have died. If one believes they are wrongly denied a relationship with their grandchildren, they may want to reach out to a firm familiar with family law, child custody and grandparents’ rights to explore options.

Source: FindLaw.com, “Grandparents’ Visitation Rights in Texas,” accessed on May 15, 2017

FindLaw Network
Heidi L. Heinrich
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