Grandparents play an important role in a child’s life, but conflicts between parents and extended family can sometimes lead to limited contact. In Texas, grandparents may have the right to seek visitation under certain circumstances. Understanding the law can help you determine if you have a case.
When can grandparents request visitation?
In Texas, parents have the primary right to decide who has access to their children. However, grandparents may request visitation if at least one parent still has parental rights and meets specific conditions. If the child’s parent has been incarcerated, found incompetent, or has passed away, the court may consider granting visitation. A grandparent can also seek visitation if the parents are divorced or separated. Another qualifying situation is if the child has lived with the grandparent for at least six months.
The court considers whether visitation serves the child’s best interests. Simply wanting to maintain a relationship is not enough; you must show that denying visitation would harm the child’s well-being.
How does the court determine the child’s best interests?
Judges consider several factors when deciding if grandparent visitation benefits the child. These factors include the child’s emotional and physical needs, the strength of the relationship between the grandparent and the child, the reasons for limiting or denying access, and the ability of the grandparent to provide a stable and positive environment.
Courts generally favor parental rights, so grandparents must provide strong evidence that visitation is necessary for the child’s welfare.
What legal steps must grandparents take?
To seek visitation, a grandparent must file a lawsuit in the county where the child resides. The process involves submitting a petition, presenting evidence, and attending a court hearing. Mediation may be an option to resolve disputes outside of court.
Alternative ways to maintain a relationship
If a court denies visitation, grandparents can explore other ways to stay involved. Keeping open communication with the parents, using virtual visits, and attending public events where the child is present may help maintain the bond.