Grandparents’ Rights
Grandparent Rights In Texas
Can a grandparent get custody of his/her grandchild? If not custody, may a grandparent get access to his/her grandchild? Do you have visitation rights as a grandparent? The answer to these questions is yes. However, that’s not to say it is easy to get grandparent rights in Texas.
The most well-known grandparent rights case is the United States Supreme Court case of Troxel v. Granville. The Supreme Court held that in grandparent access cases, the grandparent must overcome the presumption that “a fit parent acts in the best interest of his/her child.”
Texas law goes even further by stating that the grandparent must show that the denial of access to the grandparent would significantly impair the child’s physical health or emotional development. Even though it’s possible, a grandparent will need to jump through many hurdles to get custody or access to his/her grandchild. For example, the grandparent must have standing, and the grandparent must show that the relief being asked for is in the child’s best interest.
How Does a Grandparent Get Standing to File a Custody Suit?
The Texas Family Code has a list of situations in which a person has the standing to file an original suit affecting the parent-child relationship. The situation attributable to grandparents is the Family Code section that allows a custody suit to be filed by any person who “has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition.” This rule is used in situations when a grandchild has been living with a grandparent.
What If the Grandchild Was Not Living With the Grandparent? Is There Any Other Way for the Grandparent to Get Custody of His/Her Grandchild?
If a grandparent doesn’t have general standing, a grandparent can file for custody under Texas Family Code §102.004 if the grandparent can illustrate that “the child’s present circumstances would significantly impair the child’s physical health or emotional well-being.” The grandparent must show that the parent is not a fit parent to be raising their child.
What About a Grandparent Just Getting Possession and Access to His/Her Grandchild?
The court may order reasonable possession of or access to a grandchild by a grandparent if:
- At the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated
- The grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being
- The grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child (a) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (b) has been found by a court to be incompetent; (c) is dead, or (d) does not have actual or court-ordered possession of or access to the child.
Frequently Asked Questions About Grandparent Rights In Texas
Do grandparents have a legal right to see their grandchildren in Texas?
Texas law does not give grandparents an absolute right to visit their grandchildren. However, under certain circumstances, grandparents can petition the court for visitation rights. These circumstances include situations where the parents divorced, one parent has been incarcerated, found incompetent, or deceased, or the child has lived with the grandparent for at least six months.
What is a Suit Affecting the Parent-Child Relationship (SAPCR)?
A SAPCR is a legal process in Texas that allows grandparents to request visitation or custody of their grandchildren. It involves filing a petition with the court and demonstrating that visitation or custody is in the best interest of the child.
What factors does the court consider when granting grandparent visitation rights?
The court considers several factors, including the child’s physical and emotional well-being, the relationship between the grandparent and the child, and whether visitation would significantly impair the child’s health or emotional development.
Can grandparents seek custody of their grandchildren in Texas?
Yes, grandparents can seek custody (known as conservatorship in Texas) of their grandchildren if they can demonstrate that it is in the best interest of the child. This typically requires overcoming the presumption that a parent acts in the best interest of the child.
What if the parents object to grandparent visitation or custody?
If the parents object, the court will consider their objections and the reasons behind them. The grandparents must provide evidence that visitation or custody is in the child’s best interest despite the parents’ objections.
How can grandparents file for visitation or custody rights?
Grandparents can file a petition for visitation or custody through a SAPCR. They may need to provide evidence supporting their request and demonstrate that it is in the best interest of the child.
Are there any resources available for grandparents seeking visitation or custody rights?
Yes, there are resources available, such as family law attorneys who specialize in grandparent rights, mediation services, and legal aid organizations. These resources can provide guidance and support throughout the legal process.
What if the grandparent and grandchild have a strong bond?
A strong bond between the grandparent and grandchild can be a significant factor in the court’s decision to grant visitation or custody rights. The court will consider the quality of the relationship and its impact on the child’s well-being.
Can grandparents request modifications to visitation or custody orders?
Yes, grandparents can request modifications to visitation or custody orders if there is a significant change in circumstances, such as a change in the child’s needs or the grandparent’s situation.
What if the grandparent lives out of state?
Grandparents living out of state can still petition for visitation or custody rights, but they may need to address additional legal considerations, such as jurisdiction and travel arrangements.
Contact Our Grandparents’ Rights Attorney in Texas Today
Before the Troxel case, grandparent access suits were generally easier. Today, it takes a great deal more skill, knowledge, and even facts to get custody or access to a grandchild. It’s no longer an easy area of family law. In fact, these cases can be very complex and are suited for specialized attorneys. Call Orsinger, Nelson, Downing & Anderson today to schedule an appointment with a highly experienced grandparents’ rights lawyer.
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(Updated 1/29/2025)