Do Grandparents Have Legal Rights to Visitation or Custody of Grandchildren in Texas?

Yes.

Many grandparents ask this question, mostly because, in many cases, 60 is the new 40. A generation ago, people over 55 had little energy or desire to spend time with young children. Now, things are different. Furthermore, in Texas, grandparents have absolutely no voice in the divorce process. No one even considers their interests.

So, a Fort Worth family law attorney must speak up for grandparents in a subsequent proceeding. Grandparents visitation rights vary significantly in different states. As outlined below, Texas is basically a middle-of-the-road state. Custody rules are the same in most states. Typically, only people with visitation rights have custody rights. In other words, grandparent visitation could be a stepping-stone to full-time custody.

Eligible Grandparents

According to Section 153.433(3) of the Texas Family Code, grandparents are eligible to request visitation time if 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:

• Has been incarcerated in jail or prison during the three-month period preceding the filing of the petition,
• Has been found by a court to be incompetent,
• Is dead, or
• Does not have actual or court-ordered possession of or access to the child.

Generally, a Fort Worth family law attorney uses the final eligibility bullet point to get a foot in the door. Unfit or runaway parents usually don’t have actual or court-ordered possession of children. Legally terminated parents, as in the case of a stepparent adoption, may fall into this category as well.

If a parent is dangerous, usually because of a serious substance abuse problem or severe criminal record, the judge may completely disallow visitation. Similarly, runaway parents who do not appear in court usually do not have actual or court-ordered access. Typically, the custody order gives the other parent complete control. Any runaway parent/child visitation is completely at the discretion of the managing conservator.

Terminated parents are in a gray area. A child can only have two parents. So, if someone adopts a child, even a stepparent, a biological parent must relinquish his/her parental rights. Biologically, these individuals are parents without any court-ordered access to their children.

The “Father Knows Best” Presumption

Section 153.433(2) contains another important rule. The grandparent requesting visitation must overcome the parental presumption, which is very strong in Texas.

Basically, the law presumes that good parents make good decisions for their children. So, if parents cut off contact between grandparent and grandchild, they must have had a good reason for doing so.

To overcome this presumption, a Fort Worth family law attorney often emphasizes the nature of the relationship between grandparent and grandchild.

Some grandparents are essentially babysitters. If Johnny came over and played video games and watched TV until his mom or dad picked him up, the court probably will not grant a visitation request. However, the judge may look past the presumption if Johnny’s grandparents took him to soccer practice, helped him with his homework, took him to McDonald’s, and acted more like caregivers.

If their petitions are granted, most grandparents in Texas get one weekend of visitation per month. The order usually also includes provisions for electronic contact (phone, text, FaceTime, etc.).

Work With a Compassionate Tarrant County Family Law Attorney

Grandparents have visitation rights in Texas. For a confidential consultation with an experienced family law attorney in Fort Worth, contact the Law Office of Kyle Whittaker. Convenient payment plans are available.