Across the United States, roughly 33% of grandparents are living with and responsible for the care of their grandchildren. While these family situations have become more common, some grandparents experience the flip side of the coin. They may want to see their grandchildren more, but the parent(s) may refuse.
In Texas, grandparents do not have a specific right to visitation or custody of their grandchildren. However, there are situations where a grandparent may have standing to file for custody. Our Austin child custody lawyers can help you understand your rights as a grandparent and work with you to help you take action in the best interests of your grandkids.
At the Law Office of Jason Wright, we offer experienced legal representation to clients across a range of Texas family law matters. We understand how complex family dynamics can affect things like seeing your grandchildren, and we will work with you to achieve the best possible outcome. Reach out to our law firm today to schedule a confidential consultation with an Austin grandparents’ rights attorney.
To understand grandparents’ rights, it is first important to understand the different terms used by the courts. The term “custody” is not used in Texas family law to describe rights and duties. Conservatorship is the term used to describe rights and duties of a parent or guardian. Meaning who has the right to make certain decisions related to the child. Possession is the term used to describe where the child will physically be and where they will be spending nights.
No parent or guardian “visits” their child. So Texas does not refer to a parent’s time with their child as “visitation”. Texas refers to this time as possession and access.
Texas law does not give grandparents an absolute right to spend time with their grandchildren. As described below, there may be situations where grandparents can petition a court to gain conservatorship of or possession time with their grandkids. If you are in a situation where you think going to court might be necessary to protect or otherwise see your grandchildren, reach out to our Austin family law attorneys to schedule a consultation.
Generally, the best way to see your grandchildren is through their parent(s). Maintaining a positive relationship with the child’s parents will allow you to see your grandchildren without a court order. This can occur even if the child’s parents are no longer together, as long as the parent who has possession gives you permission to see them.
Of course, family dynamics can be tricky. Even if you work hard to establish a good relationship with the parents, they might still refuse to allow you to see your grandchildren. This can happen for any number of reasons, such as you expressing concern for a parenting decision or the parents struggling with mental health or substance abuse issues.
With a recent change in Texas Law, it has become much more difficult for grandparents to petition the court to request conservatorship or possession of their grandchild.
Grandparents cannot file a petition seeking access to a grandchild if that child has been or is in the process of being adopted, if the biological parents are both deceased, have had their parental rights terminated, or if they relinquished their parental rights.
Perhaps the most important part of a petition for possession and access by grandparents is proving that denial of visitation would significantly harm the child’s physical health or emotional well-being. In other words, grandparents have to prove that visitation would be in the best interests of their grandchild(ren). Texas law requires the grandparent seeking visitation to include an affidavit explaining why denying visitation would harm the child. If the court does not feel the facts rise to the level of significant harm, the petition will be denied without a hearing. A child missing their grandparents, or feeling sad and upset about not seeing their grandparents is not enough to establish significant harm—even if the grandparents had a large or significant role in the child’s life.
For example, consider a situation where a grandparent has been a critical part of their grandchild’s life since birth. The grandparent takes them to and from school daily, takes them to their extracurricular activities, and often hosts them for sleepovers on the weekends. Unfortunately, a parent gets angry at the grandparent and tells the grandparent that they can no longer see the child. In this case, grandparents argument that denying access to the grandchildren because they would lose out on this loving, supportive relationship is not enough for a court to award a grandparent rights to the children.
There are fairly limited situations where grandparents can seek visitation of their grandchildren because Texas gives deference to parents and their ability to make decisions on behalf of their child(ren). It may still be possible to file a petition for visitation based on the unique facts of your case. If you want to see your grandchildren, even over the parents’ objections, our Austin grandparents’ rights lawyers can help you evaluate your options and decide how to move forward.
If your access to your grandchildren is cut off by their parents or if you become aware of an unsafe situation at their home, you might be struggling to know exactly what you should do. If it is at all possible, the best option is often to try to work something out with the parent(s). This can avoid the stress, expense, and uncertainty of a court battle.
However, it isn’t always possible to come to an agreement with your grandkids’ parents. In this case, you might be able to file a petition to get visitation and/or custody of your grandchildren. While grandparents do not have specific legal rights in Texas, there are cases where you can pursue a custody or visitation case.
Getting visitation or custody of your grandchildren isn’t always easy. The Texas Family Code prioritizes parental rights. This includes the right to control who gets to see their kids and where their kids live.
Timing is critical in these cases. If you become aware of an unsafe situation or if your ability to see your grandkids is denied, it is better to act sooner rather than later. An Austin grandparents’ rights lawyer may be able to work with the child’s parents to negotiate an agreement that works for all parties. If that isn’t possible, they can file the necessary paperwork to advocate for your rights and the best interests of your grandchildren.
While grandparents do not have a legal right to custody or visitation when it comes to their grandchildren, it may be possible to pursue your legal rights in some scenarios.
The Law Office of Jason Wright represents individuals and families in Central Texas in a range of family law matters, including child custody, child support, and adoption. If you are a grandparent who is dealing with a difficult situation related to your grandkids, we can help you explore your options. To learn more or to schedule a consultation with an experienced Austin grandparents’ rights lawyer, give us a call at 512-706-9662 or fill out our online contact form.
