What Texas Law Says About Grandparents’ Rights to Child Custody or Visitation
In Texas, as in all states, grandparents do not have an inherent right to custody or visitation of their grandchildren. However, the Texas Family Code does provide a way for grandparents to petition the court for custody or visitation under certain circumstances.
If you are a grandparent of a child in Texas and you want to seek custody or visitation, it is important to understand the law and what your options are. This blog post will provide an overview of grandparents’ rights in Texas with respect to child custody and visitation.
Grandparents’ Rights in Texas: An Overview
In Texas, as in all states, grandparents do not have an inherent right to custody or visitation of their grandchildren. However, the Texas Family Code does provide a way for grandparents to petition the court for custody or visitation under certain circumstances.
Specifically, Section 153.432 of the Texas Family Code says that a grandparent may file suit for possession of a grandchild if:
– The child’s parents are divorced;
– One of the child’s parents has had his or her parental rights terminated;
– The child has been ordered by a court to be placed with a conservator; or
– The child has been abandoned by his or her parents.
In addition, Section 153.433 of the Family Code says that a grandparent may file suit for access to a grandchild if:
– The child’s parent has been convicted of a felony;
– The child’s parent is incarcerated in jail or prison;
– The child’s parent is deceased;
– The child has been removed from the parent’s home by order of Child Protective Services; or
– There has been family violence involving the child’s parent.
The burden of proof is on the grandparent to show that one of these circumstances exists and that it would be in the best interest of the child to grant possession or access to the grandparent.
If you are a grandparent who already has custody of your grandchild and wishes to adopt them, visit this page to learn more.
Plano Child Custody Attorney
If you are a grandparent who wants to seek custody or visitation with your grandchild in Texas, it is important to understand your rights under state law. While grandparents do not have an inherent right to custody or visitation, the law does provide some avenues by which grandparents can seek possession or access to their grandchildren under certain circumstances. If you have questions about your specific situation, contact the experienced family law attorneys at The Fox Firm for a consultation and we can help you understand your rights and options under state law.