The child visitation rights of grandparents in Texas are a complicated matter. Texas laws don’t explicitly grant visitation rights to grandparents. On the other hand, the courts may grant visitation rights – and in some cases, even custody – if it determines that it would be in the child’s best interests to do so.
If you’re concerned about protecting your ability to maintain a healthy and lasting relationship with your grandchildren, contact the Law Office of Julie Johnson. Our team has helped to resolve complicated family law cases successfully, including those that stray from the typical father/mother custody and visitation formula. An attorney can speak to you about the laws governing the child visitation rights of grandparents in Texas.
How and When Texas Courts Will Grant Visitation Rights to Grandparents
The Texas Family Code and courts are charged with protecting the child’s best interests in every decision, including visitation and custody. Therefore, they will only entertain grandparents’ custody or visitation requests when it is deemed in a child’s best interests.
Some of the circumstances in which a Texas court will consider and authorize court-ordered visitation include:
- your grandchild has lived with you for at least six months;
- your grandchild’s parents are divorced;
- one or both of your grandchild’s parents abused or neglected the child;
- either or both parents are deceased, in prison or have been declared incompetent; or
- the parent-child relationship has been terminated by court order.
The court will examine your case closely to determine how these factors may apply. You may have an opportunity for visitation – or even some version of custody – if the court believes this is in your grandchild’s best interests. Our attorneys can talk to you in more detail about the child visitation rights of grandparents in Texas. This includes helping you understand whether or not you have the grounds to petition the court for visitation and/or custody.
Seeking Custody of a Grandchild in Texas
In some cases, a grandparent will wish to seek custody of a grandchild. This may be true in situations where the child has lived with the grandparent for a designated period of time. As with all decisions, this will be based on what the court deems is best for the child.
If you are interested in seeking custody of a grandchild, talk to a family law attorney who understands the child visitation rights of grandparents in Texas. If you succeed in gaining custody, there are other factors to consider, such as child support (for which you may apply).
Special Considerations for Grandparents’ Rights in Texas
Texas Family Code – including laws that govern child visitation – does not grant grandparents an absolute right to visitation. This is why many grandparents benefit from the help of a Texas family law attorney when petitioning for such privileges. Also note that you may not seek visitation if a person who is not a stepparent has adopted your grandchild. An attorney from the Law Office of Julie Johnson can explain more about how these special considerations could impact your potential case.
Protect Your Chances of Spending Time with Your Grandchild
The family law attorney team at the Law Office of Julie Johnson offers a host of specialized services, including for grandparents who wish to maintain a lasting relationship with their grandchildren. Learn more by filling out our online contact form. Or call (214) 290-8001 to speak with an attorney about the child visitation rights of grandparents in Texas.
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