Grandparents Rights

Though grandparents undoubtedly can share a very special bond with their grandchildren, their rights are often overlooked in the event of a divorce. Parents are often caught up in custody arrangements and child support payments, forgetting that their divorce affects other close members of their respective families as well. During this emotionally difficult time, it is wonderful if grandparents can play a positive role in supporting their grandchildren and making them feel loved. In most cases, a grandparent does not have to worry about taking legal action in order to reinforce their right to see their grandchildren. However, there are certain situations in which a parent does not feel comfortable letting their children associate with their ex-spouse’s parents.

What happens if grandparents want to play a more active role in their grandchildren’s life and they’ve been asked not to?

Grandparents’ Rights in Texas

There are no specific grandparents’ rights in Texas and in addition, the Supreme Court has also ruled that grandparents have no absolute visitation rights towards their grandchildren. The best way to ensure grandparents’ rights is to have it mentioned in the divorce decree. In most cases, however, all a grandparent needs is the approval of one the parents. Grandparents may ask the judge for visitation rights under provisions of Texas law in the following circumstances:

• » The child has been neglected or abused by a parent
• » The child’s parent has been incarcerated
• » The child’s parent has died or been deemed incompetent
• » The parents have separated or divorced
• » The parents don’t have custody of the child
• » The child has lived with the grandparent for at least six months.

When evaluating visitation rights, a judge will consider the above factors, keeping the grandchild’s best interests in mind.

A Growing Area of Law

Grandparents Rights is an evolving area of law, with the rise of divorce rates and single parents. More and more grandparents want to play an active role in their grandchild’s life, especially if parents cannot fulfill their child’s basic needs. Many grandparents are seeking custody of their grandchildren so that they can become their legal guardians. But in order to do so, a grandparent would have to prove that their grandchild would significantly benefit emotionally and physically by living with them. This is in accordance with stricter Texas laws, raising the burden of proof a grandparent must meet despite a parent’s objections.

If you are looking for a skilled and compassionate law firm to protect and enforce your grandparental rights, contact our experienced family law specialists at Bailey & Galyen for more information.