Grandparents’ Rights to Custody and Visitation in Texas

Does Texas Give Grandparents Any Legal Rights to See Minor Grandchildren or Have Custody?

Divorce often has far-reaching consequences, particularly when there are minor children in the marital home at the time of the divorce. It’s fairly common for those children to have strong bonds with grandparents, as well as parents. In some situations, the bond may even be stronger. What rights, if any, do grandparents have in a Texas divorce proceeding? Is there anything you can do if the parents are denying you access to your grandchildren?

Do Grandparents Have a Legal Right to See Their Grandchildren in Texas?

According to some estimates, more than 13 million children across the United States have their primary residence with their grandparents. Can a parent take custody of the child and deny the grandparent access? If so, will the grandparent have a legal right to regain custody?

Though grandparents may be able to legally obtain custody (known as managing conservatorship in Texas) of a minor child, there is no fundamental or absolute right giving grandparents access to their grandchildren. When establishing custody and visitation in Texas, the court must always give priority to the best interests of the child. A grandparent may petition the court, contending that either custody or visitation with grandparents meets that requirement. However, the decision to grant custodial or visitation rights to grandparents is solely at the discretion of the court in Texas. C

What Are the Common Situations in Texas Where a Court May Grant Custody or Visitation to Grandparents?

The factors that most often lead a court to grant visitation rights to grandparents include:

• Evidence of neglect or abuse of a minor child by the parents
• Evidence that the minor child has lived with the grandparent for the past six months or more
• Evidence that the parental rights of the parent have been terminated
• Evidence that the child’s parent is mentally incompetent, incarcerated or institutionalized, or dead

Let Graham Family Law Answer Your Questions about Grandparents’ Rights

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of San Antonio, New Braunfels, Sequin, Helotes, Alamo Heights, Castle Hills, Balcones Heights, Converse, Shavano Park, Terrell Hills Boerne, Comfort and Floresville