Do Grandparents Have Legal Rights to Visitation in Texas?

Divorce and break-ups don’t just affect the couple or their biological children. It can also be a devastating event for the grandparents. If one party gets custody and chooses to cut ties with the grandparents associated with their former spouse or significant other, the children may also be denied a relationship with their grandparents. As Texas family law attorneys, we’re often asked: do grandparents have legal rights to visitation in the State of Texas?

There is no simple answer to that question because while Texas doesn’t have an actual law that provides grandparents with legal rights to visitation, there are some instances where the courts have awarded it. With more than 25 years of family law experience, the Law Office of Julie Johnson has helped grandparents win the legal right to spend time with their grandchildren. We understand that a healthy relationship between a grandchild and their grandparent can be a vital life experience. That’s why we’re here to answer questions and to guide you through the family law process. To schedule your free initial consultation, call the Law Office of Julie Johnson at 214-265-7630. We’re here for you 24/7.

Texas Law Highlights What Is in the Best Interest of the Child

Texas family law looks to protect what is in the best interest of the child for custody and visitation. Since there is no law that explicitly grants rights of visitation to grandparents, the court must determine that visitation with or custody of the grandchild is truly what is in the child’s best interest.

With that being said, some of the most common reasons that Texas courts authorize visitation for grandparents include:

• Your grandchild resided with you for at least six months;
• The child’s parents are divorced;
• Your grandchild was neglected or abused by one or both of their parents;
• One or both parents are in prison, were declared incompetent, or passed away;
• The family court terminated the parent-child relationship.

Deciding Whether You Should Pursue Legal Visitation or Custody of Your Grandchild

Whether you should pursue legal visitation or custody of your grandchild will depend on several factors. Some of those factors we addressed in the previous set of bullet points. However, there may be other personal factors in your life that should also play a role in the decision making process. This includes, but may not be limited to, your living situation, your income, and your ability to care for the child. Of course, those factors depend on each person, but they may help you decide whether you should attempt to gain legal visitation or custody.

If you have questions about whether you may be eligible to receive legal visitation or custody of your grandchild in Texas, call us at 214-265-7630. The first consultation is free and confidential. We are here to help answer your questions. We believe that the grandchild / grandparent relationship should be protected. Divorce and custody are hard enough on children. It’s even more difficult when the child loses contact with those they love. We’re here to help. Call us and talk with us about the facts that could help the court decide to order visitation or custody.