Grandparents Rights in Texas

Family Law Services

Grandparents Rights in Texas

Supreme Court has ruled that because of the Fourteenth Amendment’s Due Process Clause, a grandparent has no Constitutional right to visit their grandchild if it’s against the parents’ wishes. Texas on the other hand, gives grandparents the opportunity to be part of their grandchildren’s lives, despite the parents’ protests.

Visitation Rights

As far as the State of Texas is concerned, the child’s physical and emotional health is of their utmost priority and believes it is best for children to be raised by their parents who, have the Constitutional right to decide their child’s contact with their grandparents.

You as a grandparent in Texas, may entreat the court, by filing a lawsuit under Chapter 156 of The Texas Family Code, to grant you visitation rights provided if you can convince the judge that it serves the child’s best interests and prove one of the following circumstances:

• The parents are divorced;
• The child is being abused by a parent;
• The parent is dead;
• The child has lived with the grandparent for at least 6 months in the last 90 days;
• The parent has been incarcerated in the past 3 months, found incompetent; or
• The court has terminated the parent’s legal relationship with their child.

Custody

There have been some cases where a grandchild’s safety while in the custody of a parent is called into serious question. The lawyers at our firm have extensive experience in pursuing custody for grandparents. We will help you so you can see your grandchildren.