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What To Know About Grandparents’ Rights In Texas According to

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What To Know About Grandparents’ Rights In Texas According to

September 15
08:48 2020
What To Know About Grandparents' Rights In Texas According to

Grandparents often play a critical role in their grandchildren’s lives. Not only do they offer unconditional love and affection, but they often provide hands-on care when the parents are unable to be with their kids. Grandparents and grandchildren have a special bond, but what happens when that bond is severed by divorce or conflict? If you are a grandparent in Texas, the following are some important things to know about your rights.

Can Grandparents Request Visitation?

Grandparents have the right to request visitation with a grandchild according to the grandparent visitation provision of the Texas Family Code (visit this site for additional info). Grandparents may request visitation if the parents of the child are divorced, if either parent has abused the child, or if one parent is unavailable or incompetent to care for their child. In addition, grandparents have the right to ask for visitation if the grandchild was living with them for at least six months within 90 days of making a petition. 

Can Grandparents Request Custody?

Another option grandparents have is to request custody of their grandchild in certain circumstances. For example, if the grandparents already have legal guardianship and the child has been living with them for at least six months, they may be able to make a strong case for custody. However, unless both parents are declared incompetent to care for the child, the court will also consider the parents’ wishes. According to, courts would rather keep children with their parents unless there is clear evidence the arrangement is not in the child’s best interests.

What About In The Case Of Adoption?

Adoption creates a new family that replaces the biological family. Because grandparents’ rights stem from the rights of the child’s biological parents, grandparents cannot request visitation or custody in the case of adoption. The only exception to this rule is when the child is adopted by a step-parent and the biological parent retains his or her parental rights. However, once both biological parents have given up their parental rights, grandparents are no longer the child’s family in the eyes of the law. See What are my Legal Rights as a Grandparent in Texas? — Texas Legal for more information on this topic.

Do Grandparents Need An Attorney?

Grandparents who are seeking either visitation or custody will need to file papers with the court and present convincing evidence that the arrangement they’re asking for is truly in the best interests of the child. It falls to the grandparents to prove that the child’s parent or parents are not competent to make decisions about the child’s welfare. They may also need to prove that the lack of visitation with grandparents is harmful to the child. Unless grandparents are well-versed in Texas family law, they should consider working with a legal firm such as Sisemore Law.

With the right legal help, grandparents can get a better understanding of their rights under Texas law and how the law applies to their particular situation. More importantly, an attorney can help grandparents present a strong case to the court. The bond between grandparents and grandchildren is valuable and should be preserved if at all possible.

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