What You Need to Know About Grandparent’s Rights in Texas

Often in divorce, the focus tends to be on custody between spouses, but what about the grandparents involved? A simple conversation between the grandparent and grandchild’s parent may be all you need to get a visitation arrangement everyone is happy with; however, this isn’t always the case.

In situations where an agreement cannot be made in conversation, grandparents are allowed to request more time with their grandchildren under Texas law. Although grandparents have a right to request visitation or custody rights of a grandchild, it isn’t available to every grandparent.

This article will explore what rights grandparent’s have in getting visitation over grandchildren in  Texas.

Do grandparents have visitation rights in Texas?

You can find grandparents rights or grandparents law in Texas in Sections 153.432-153.434 of Subchapter H of Chapter 153 of the Texas Family Code. The statues explain when a grandparent has the right to petition the court for access and visitation time with grandchildren, including custody (aka conservatorship). These statues can’t guarantee a grandparent will receive custody or visitation; rather, they give grandparents the right to make the request.

What rights do grandparents have in Texas to visitation, access or possession of grandchildren?

In Texas, the state limits the circumstances under which grandparents can request more visitation rights regarding grandchildren. This is due to the fact that the state presumes that parents should have the right to decide who has access to their children in most cases.

Texas grandparents can request and can be granted visitation or custody of their grandchildren when:

1. The parental rights of at least one biological or adoptive parent of the child has NOT been terminated.
2. The grandparent making the request proves the presumption that a parent acts in the best interest of the parent’s child by proving that denial of possession or of access to the child would significantly impair the child’s physical health or emotional wellbeing.
3. The grandparent requesting possession of or access to the child is a parent of a parents of the child and that parent of the child:
   1. During the three-month period preceding the filing of the petition has been incarcerated;
   2. Has been found by the court to be incompetent;
   3. Has died; or
   4. Does not have actual or court-ordered possession of or access to the child.

Limitations to getting legal visitation and custody of grandchildren in Texas

Although the Texas Family Code pertaining to TX grandparents does allow grandparents to seek both visitation and custody, the burden is on the grandparents to prove it’s in the child’s best interest. This burden of proof is often very difficult to overcome due to it being a very strict standard.

Grandparents have to provide the courts with physical evidence proving the child is endangered at the time of filing. If a parent is incarcerated, abuses alcohol and/or drugs, is abusive to the child or endangers them in some other way, the grandparents may have a case if they can prove any one of those things.

If you believe your grandchild’s physical health or emotional wellbeing is in danger, and you want to assert your rights in Texas, call an attorney immediately. If you wait, that could compromise your ability to get access or possession of your grandchild.

The Texas child custody and grandparent’s rights law clarifies when grandparents don’t have the right to seek possession of or visitation with a grandchild. For example, a grandparent does not have the right to request visitation with a grandchild if the child’s biological parents have had their parental rights terminated or have relinquished their parental rights.

Are you a grandparent seeking legal help in Texas?

Ready to seek help about grandparent’s rights in Texas? Speak with a family law attorney to seek representation and get legal guidance on your case.