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Grandparents’ Rights in Texas

On Behalf of | Jan 29, 2023 | Family Law

In Texas, grandparents have the right to seek visitation with their grandchild if certain conditions are met. This means that grandparents can take legal action to spend time with their grandchild, even if the child’s parents disagree. Understanding grandparents’ rights in Texas can help grandparents make informed decisions about their relationship with their grandchildren.

When Can Grandparents Seek Visitation in Texas?

Grandparents can seek visitation in Texas if one of the following conditions is met:

  1. The parents of the child are divorced.
  2. The child’s parents are unmarried, and one of the parents has been incarcerated, placed under a conservatorship, or deceased.
  3. The child has been in the custody of someone other than the parents for at least six months, and the grandparent’s relationship with the child began during this time.
  4. The child’s parents’ marriage has been annulled.

If one of these conditions is met, grandparents can file a petition for visitation in a Texas court. The court will consider the best interests of the child when deciding visitation.

What Factors Does the Court Consider When Granting Visitation to Grandparents?

The court will consider several factors when determining whether to grant visitation to grandparents in Texas. These factors include:

  • The relationship between the grandchild and the grandparents.
  • The relationship between the grandparents and the child’s parents.
  • The child’s age, health, and general welfare.
  • The grandparents’ ability to provide a stable and nurturing environment for the child.
  • The impact of the grandparents’ visitation on the child’s relationship with their parents.

It’s important to note that the court will always prioritize the child’s best interests when deciding grandparents’ visitation rights.

What Are the Limitations on Grandparents’ Visitation Rights in Texas?

While grandparents have the right to seek visitation in Texas, there are limits to this right. For example, grandparents cannot seek visitation if:

  • The child has been adopted by someone other than the grandparents.
  • The child lives with a parent, and the other parent has not had their parental rights terminated.
  • The child’s parents are both alive and married to each other.

In these cases, grandparents do not have the right to seek visitation, as the court will prioritize the rights of the child’s parents. Check out the Texas Attorney General’s Grandparents’ page for more information on factors and limitations of grandparents’ rights.

What If the Parents Object to Grandparents’ Visitation?

If the child’s parents object to the grandparents’ visitation, the court will consider their objections when deciding visitation. However, the court will not automatically deny grandparents’ visitation rights because the parents object. Instead, the court will consider the child’s best interests and decide based on the child’s well-being.

What If the Grandparents and the Parents Cannot Agree on Visitation?

If the grandparents and the parents cannot agree on visitation, the grandparents can file a petition for visitation in a Texas court. The court will then hold a hearing to determine whether visitation should be granted. During the hearing, both sides will have the opportunity to present evidence and arguments. The court will then decide based on the child’s best interests.

What If the Grandparents’ Visitation Rights Are Violated?

If a grandparent’s visitation rights are violated, they can take legal action to enforce their rights. This may include filing a motion with the court or taking other legal action. Working with an attorney is essential if you believe your grandparents’ rights have been violated, as this can help protect your rights. At Izzo & Associates, we can help you protect those rights. You can check out our Grandparent’s Rights Service page for more information.