The relationship between grandparent and grandchild is a precious one. Spoiling grandkids, guiding them as they grow, and being an active part of raising the new generation is something that many grandparents treasure. Being a grandparent isn’t just fun and playtime, though. According to the U.S. Census Bureau, approximately 6.7 million grandparents live with their grandchildren; out of those, 33% of grandparents living with their grandchildren are responsible for the care.
Grandparents often have a very vested interest in the development and care of their grandchild, and when they must step into a parental role, they rightfully expect to have a legal say in their grandchild’s life. If you’re a grandparent who doesn’t get to see your grandchildren as much as you would wish, or if you feel it’s right to step in and take custody of your grandchild, you may rightly wonder what your options are.
Does Texas have grandparental rights?
In some rare cases, grandparents can exert their right to visitation, but the criteria are strict, and it’s very difficult without an attorney. Our Frisco family law attorneys can help you understand your legal options and represent you in initiating legal action to assert them.
Grandparents’ rights to visitation in Texas
Maybe you don’t want full custody of your grandchild or even partial custody. Perhaps you’re not seeing your grandchildren as much as you once did, and you want more visitation. It’s common in cases where a couple divorces for the parents of the spouse who does not have primary custody to not see their grandchild very often. The parent with primary custody may have moved away, or maybe they don’t really think about taking the children to visit their ex-in-laws.
What are your rights in this case?
The Texas Family Code addresses this common situation, too:
Yes, grandparents can petition the court for visitation with their grandchild. However, a judge must evaluate the situation, including the nature of the relationship between the grandchild and grandparent. If a judge determines that visitation is in the child’s best interests and that the other parent is not a fit parent, then the Court may intervene.
However, the state typically limits the circumstances under which a grandparent will be awarded legal visitation rights. It prioritizes preserving the relationship between parent and child and upholding the right of parents to make decisions regarding their child’s welfare, including whether or not the child sees you!
There are certain conditions under which visitation would be awarded, including:
- At least one of the parents has had their rights terminated
- One parent has been incarcerated during the three-month period before the suit was filed
- One parent has been found legally incompetent
- Both parents have to be found to be unfit parents
If you, as the grandparent, can establish that the parent is not acting in the child’s best interests and is an unfit parent by withholding the child from seeing you and prove that the child’s well-being would be better served by regular visitation with you, then a judge may award you visitation.
Legal rights of grandparents in Texas
The Texas Family Code specifically defines grandparents’ custodial and visitation rights, including an avenue for grandparents with appropriate standing to file a suit seeking visitation or custody.
Not every grandparent has the right to file a suit to demand visitation with their grandchildren. A threshold must be met: If the grandparent had actual control and possession of the child for at least six months, ending no more than 90 days before the petition was filed AND the parents have been found to be unfit parents they may have standing to seek possession or visitation.
Rights of grandparents to be the legal guardians of their grandchild
One of the most common grandparent’s rights matters involves securing custody of a minor child. In cases where the child has no surviving parent, and absent a will naming a specific individual as the child’s conservator, the court may appoint an immediate family member as the child’s guardian.
However, even though courts often name grandparents as guardians in these situations, this doesn’t automatically grant them conservatorship. If your grandchild’s parents are both deceased or otherwise absent, you still must petition the court to appoint you as guardian, proving that you have legal standing to do so.
The bottom line
There are a few situations in which a grandparent can secure visitation or custody of their grandchild, but the requirements are strict. A family law attorney from Albin Oldner Law, PLLC, can help you understand your options. Contact us today at (214) 423-5100 for a confidential consultation.
