Do Grandparents Have Rights in Texas?

 Posted on November 26, 2024 in Family Businesses

Grandparents in Texas can request child visitation or even custody of their grandchildren in certain situations. Parents are typically the primary decision-makers in a child’s life, but the law recognizes that not all families are privileged to have healthy, capable parents and sometimes grandparents can play an important role in a child’s well-being. If you are seeking protected involvement in your grandchild’s life, speak with an experienced Austin, TX family law attorney to understand your rights and discuss the process of seeking visitation or custody in Texas.

When Can Grandparents Seek Visitation or Custody?

Grandparents can request custody or visitation in Texas under specific circumstances. If they meet the conditions, it does not mean that their requests will be granted, only that they could be processed and considered by the court. Some of the situations when grandparents can request visitation or custody include:

• Parents are divorced or separated: When parents go through divorce or separation, a child’s grandparents can petition the court for visitation. As in all matters that can impact a child, Texas courts will consider what would be in the child’s best interests. If the parents agree, the court might grant the grandparents visitation.

• Parents are unfit or deceased: If both or either of the parents are unable to care for the child, whether they are deceased or because of something like addiction or severe illness, grandparents can petition for custody or visitation. In Texas, grandparents can seek custody if the child is in danger in a parent’s home or has lived with a grandparent for a certain period already.

• When the child has been abused or neglected: Grandparents who believe their grandchild’s parents are abusive or neglectful can petition the court for custody or visitation.

What is the Process for Seeking Grandparents’ Rights?

Grandparents in Texas who want child custody or visitation need to complete several steps, including:

• File a petition: The first step is to file a petition with the family court in the county where the child lives. This petition explains why the grandparents believe it would be in the child’s best interest for them to be given visitation or custody.

• Demonstrate the child’s best interest: Texas courts always prioritize whatever is considered in the child’s best interest when making decisions about child custody or visitation. If grandparents want these rights, they need to convince the court that it would be in the child’s best interest to have a relationship with the grandparents. They might try to demonstrate that they have played an important role in the child’s life, or that the child would benefit from the stability they can offer.

• Attend a court hearing: After the petition is filed, the court will schedule a hearing. The judge will give the grandparents as well as the parents an opportunity to present their case. The child might also give testimony, depending on his or her age. The judge will rule on whether the grandparents will be granted visitation or custody.

Challenges to Grandparents’ Rights

It is not easy for grandparents to be granted custody or visitation. Texas law generally favors parents’ rights to make decisions for their children, and convincing a judge that grandparents should have a say can be challenging. Grandparents need to provide strong evidence that the child’s welfare is at risk or that it is in the child’s best interest to ensure they maintain a relationship.

Additionally, if parents do not want the grandparents involved, particularly if there is tension between them, there might be strong resistance. In such cases, grandparents need strong legal representation to present a compelling case.

Contact a Travis County, TX Grandparents’ Rights Lawyer

If you are concerned about your grandchild’s well-being and want to pursue legal visitation or custody, speak with a seasoned Austin, TX family law attorney to understand your options. It is not easy or automatic, and there is no guarantee your petition will be approved, but with strong legal representation from Powers Kerr & Rashidi, PLLC, you increase your chances. Call 512-610-6199 to schedule a private consultation so we can review your case and guide you forward.