VISITATION RIGHTS OF TEXAS GRANDPARENTS

Nov. 10, 2017

As is true in other parts of the country, many grandparents in and around Bryan, Texas, are actively involved in the lives of their grandchildren. They may see their grandchildren at least more than once a week, and some may even care for and see their grandchildren daily. Sometimes, a grandparent may even be the caregiver for their grandchild, stepping in to the shoes of the child’s parents to give them the food, clothing, shelter and love they need.

Although it is true that Texas, like other states, ultimately prefers that parents raise their children and thus usually will give them the final say on whether a grandparent can continue to see and have relationship with their grandchildren, there are certain grandparents’ rights a Bryan resident can assert if they are involved in their grandchildren’s lives but find themselves suddenly cut off.

Fortunately, Texas law is somewhat generous when it comes to giving grandparents ongoing access and visitation to their grandchildren. For instance, a grandparent can seek custody of their grandchildren even if the state has not intervened because of abuse or neglect. Again, though, the Constitution requires that a Texas court give preference to the child’s parents in such instances.

Also, grandparents can ask for court-ordered visitation if they can prove the visits would be in their grandchildren’s best interests. While not every grandparent can ask for visitation, there are many broad grounds under which a grandparent can ask for a court to order visits, such as if the child’s parents are divorced or the grandparent has had their grandchild living in their home for more than six months.

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