Grandparents’ Rights in Texas
- What legal rights do grandparents have in Texas?
- Can I get a court order to see my grandchild?
- What if my grandchild’s parents want to give me custody?
Generally speaking, grandparents don’t have automatic legal rights to their grandchildren. However, there are circumstances in Texas where a grandparent may be able to gain the right to see their grandchildren or make decisions for their grandchildren.
What legal rights do grandparents have in Texas?
According to Texas law, grandparents do not have absolute visitation rights to their grandchildren. A Texas court may permit grandparent visitation in certain circumstances, but it's not guaranteed.
Courts may grant child possession or access to a grandparent if:
- At least one parent has not had their parental rights terminated
- The grandparent has successfully proven that the parent does not act in the child's best interest
The court considers additional factors when weighing a request from a grandparent. Ultimately, the court wants to make sure the best interests of the child are served. This includes their safety and well-being.
A grandparent may want to play a more integral and permanent role in their grandchild's life. However, that's not guaranteed in Texas if a parent objects or if the grandparent cannot provide ample evidence that the parent in question is an unfit parent.
Can I get a court order to see my grandchild?
In certain circumstances, a grandparent may get a court order to see their grandchild. Be aware, however, that if a parent doesn't want you to see their child and you cannot prove the unfitness of the parent, the court may not grant visitation.
One of the best ways to play a role in your grandchild's life is to maintain a positive and solid relationship with the child's parent or parents. Permission for spending time with your grandchild is only required from one parent.
If you're concerned about the immediate safety of your grandchild and have a legitimate reason for this belief, call 911. If you think your grandchild is being abused or neglected, call Texas Child Protective Services at 800.252.5400.
If authorities find that your grandchild is in danger, you may be able to become the conservator of your grandchild. But parents always take priority unless it's not in the child's best interest to be with their parent. You would bear the burden of proof in this type of situation.
If you want to prove that a parent is unfit, you may want to consult with a Texas family law attorney, as these situations often become contentious and complicated.
What if my grandchild’s parent wants to give me custody?
If a parent wants to give a grandparent custody of a grandchild in Texas, they may do so by establishing a conservatorship.
A conservatorship gives the grandparent legal authority to make major decisions on behalf of the child. This includes decisions about medical care, education, and other important matters.
A Texas court may grant conservatorship if it finds that a grandparent can provide the child with appropriate care that the parent cannot or does not want to provide. The ultimate goal is to serve the child’s best interests.
When granting conservatorship, courts usually consider factors like the following:
- Whether there has been a long-standing relationship between the grandparent and child
- What type of care the grandparent can provide
- Whether other family members are involved in the child’s life
- Whether either parent is able or willing to care for the child
Once granted conservatorship, grandparents have significant rights when it comes to making decisions that impact their grandchildren’s lives. Under Texas law, these grandparents have the authority to make decisions about education, healthcare, religion, and other areas related to a child’s welfare. This includes enrolling them in school and choosing activities such as sports or music lessons. Additionally, they may make decisions related to financial matters, such as choosing bank accounts or investments for minors as well as filing taxes on their behalf.
At Hello Divorce, we are familiar with Texas state law, including visitation statutes and the rights of grandparents. We offer services to help people before, during, and after the divorce process. This includes online divorce plans, mediation services, and attorney counseling for Texas residents.