Children often have a special bond with their grandparents. In some cases, this relationship could be closer to that of a parent and child. Despite the fact that many grandparents raise children in their early years, their rights to have access or custody are fairly limited.

The Texas Family Code allows grandparents to pursue visitation or custody in certain circumstances. The team at Barton & Associates Attorneys at Law, PLLC, can help grandparents understand their options and guide them through the process of pursuing a formal arrangement with their grandchildren.

Do Grandparents Have Visitation Rights?

In general, the parents or guardians of a child ultimately have the right to decide who has contact with them, which means there are situations where grandparents could have no recourse when a parent deems they are not allowed to have a relationship with the child.

Grandparents can request court-ordered visitation with their grandchildren, but several conditions must be met for the court to grant this request. While the State presumes parents can make decisions based on what is best for their children, a grandparent might be granted some visitation rights if the following elements under Texas Family Code Section 153.433 are met:

• The child’s parents are divorced.
• One of the parents has had their parental rights terminated
• There is evidence that denying access to the grandparent would significantly impact the child’s well-being.
• The parent of the child related to the grandparent is legally incompetent, dead, incarcerated, or does not have custody rights.
• The child has lived with the grandparent for at least six months within the past two years.

For these efforts to be successful, the grandparents must show that visitation is best for the child. The team at Barton & Associates Attorneys at Law, PLLC, could help make that case on your behalf.

Grandparents Filing for Custody in Texas

There are also situations where a grandparent might seek custody of a child (known as conservatorship in Texas), either temporarily or full-time. Certain criteria must be met before a judge will grant this request. At the center of these cases is that a fit parent acts in the best interest of their children.

Texas Family Code Section 153.432, a grandparent can file for custody when:

• The child’s present environment would significantly impair his or her physical health or emotional well-being.
• The child has lived with the grandparent for at least six months within the last two years.
• It can be shown that leaving the child in the care of their parent(s) would be detrimental.

Call Barton & Associates Attorneys At Law, PLLC, to Discuss Your Grandparents’ Rights

Although grandparents do not have an automatic right to access to their grandchildren, they can petition the court for visitation. While securing visitation or custody can be challenging, the court is obligated to act in the child’s best interest. We are here to help demonstrate how your relationship with your grandchildren serves their best interests. Contact us today to speak with a Texas family law attorney at Barton & Associates Attorneys at Law, PLLC.