Grandparents' Rights in Texas

One of the unwritten rules of being a grandparent is the duty to love and spoil with unhindered devotion. Unfortunately, sometimes that can be a tall order, especially if divorce or death has severed access to your grandchild. The parent/child relationship is held in the highest regard by both federal and state law, and as such, grandparents are not afforded the same rights as parents in terms of custody and visitation. However, this doesn't mean all is lost for Nana and Pop. In some limited situations, it may be possible for grandparents to qualify for visitation and/or custody over their grandchild.

Visitation

The easiest way to see your grandchild is to simply ask your child or child-in-law for the privilege. However, if you're suing for visitation, chances are you were shut down by at least one of the child's biological or adopted parents at some point. The state of Texas recognizes the value of a grandparent's love, and courts understand that this deep bond is sometimes critical to a child's overall health and well-being. As such, the Texas Family Code allows judges to entertain a grandparent's claim to visitation, IF: at least one of the parents still has their parental rights; the denial of visitation would result in significant mental or physical harm to the child; and the parent has either been incarcerated for at least three months prior to filing, or is found mentally incompetent by court order.

Best Interest of the Child

Overcoming the standard of harm is by far the most difficult part of getting your visitation petition in front of a judge. In Texas, if a parent is fit and of sound mind, then the court presumes they are prioritizing their child's well-being. To help you overcome this hurdle, your original complaint for visitation should include a detailed affidavit outlining exactly why your presence is critical to maintaining your grandchild's emotional or physical health.

Other Visitation Considerations

There are a few more limitations to keep in mind. The court will not hear your suit for visitation if the child has already been adopted by a stepparent or another outside party. If both parents are deceased, the court will be looking for someone to either adopt the child or act as their guardian. Grandparents who are merely disgruntled because they aren't getting enough time with a grandchild will most likely see their cases dismissed.

Custody and Adoption

There might be situations where visitation isn't enough. If CPS was forced to intervene on your grandchild's behalf because of addiction, abuse, and neglect, or if death has claimed both parents, your grandchild might need someone to step into a role of greater authority. Grandparents can be a wonderful solution in these circumstances, especially if you were already acting as caretaker prior to the disruption.

Grandparents' Rights Attorneys in Texas

When family units break apart, it's important to help children feel that they are loved and that these changes are not their fault. If you are a grandparent seeking visitation or custody over a beloved grandchild, North Texas Family Lawyers wants to help you. Call us today at (972) 436-8000, or schedule a consultation online to discuss your unique situation. The value of a grandparent's love cannot be understated, and it's a gift we want to make sure your grandchild receives.