Grandparents often play a significant role in the lives of their grandchildren, providing love, support and stability. However, in certain circumstances, grandparents may find themselves navigating legal complexities to maintain a relationship with their grandchildren. Understanding grandparents’ rights in Texas involves knowing the legal framework that governs these relationships, including when and how they may seek visitation and/or custody.
In Texas, grandparents’ rights are primarily addressed under the Chapter 153 of the Texas Family Code, which outlines conservatorship (custody) and possession (visitation) rights concerning children. The law acknowledges in Texas that maintaining relationships with extended family members, including grandparents, can be in the best interest of the children. Grandparents in Texas can petition in the Court of Law for visitation rights in specific situations:
- Parental Interference: If a parent is deceased, incarcerated, or has had their parental rights terminated, grandparents’ may seek a court ordered visitation schedule if it is in the best interest of the child/children.
- Harm to the Child: When the child’s physical health or well-being may be significantly impaired without visitation with grandparents, the court may grand visitation rights under some circumstances.
- Parental Denial of Visitation: If the child/children’s parents are divorced or separated, the custodial parent has denied the grandparent access to the child/children for a least three months, grandparents may petition in the Court of Law for visitation rights, under certain circumstances.
Grandparents’ rights in Texas are designed to preserve valuable relationships between grandparents and their grandchildren, especially when it is in the best interest of the child/children. By seeking appropriate legal counsel and understanding their rights under Texas law, we encourage you to contact the Law Offices of Amber Shemesh, P.C., where we treat our clients’ needs as our own.