By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 18, 2024
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You love your adult child. But their life is in chaos, and single parenthood has not helped the situation.
Frankly, you're concerned for your grandchildren's safety and emotional well-being. They've always adored you, but can you be the lone star of stability in your grandchild's life? How can a grandparent step in when a child's parent is struggling or unable to parent?
This article will discuss grandparents' visitation rights in the state of Texas.
The U.S. Supreme Court has recognized parents' constitutional right to make decisions for their children. This includes deciding who may contact and spend time with the children. Grandparents do not have a corresponding equal right to visitation time.
In Troxel v. Granville (2000), the Supreme Court invalidated a Washington state law as applied to a grandparent's request for visitation over a parent's objection. The law in question gave any third party the right to file a request for visitation. It also permitted a court to make a best interests determination to decide the case without giving any special weight to the view of a fit parent. The Court found that the law swept too broadly and violated the constitutional rights of parents.
As a result, grandparents often must provide compelling reasons for child visitation when opposed by the parents. Courts do not seek to interfere with a parent-child relationship without good cause. This is based on the presumption that otherwise fit and capable parents have a right to determine what is in the best interests of their children.
Family lawyers in Texas often counsel grandparents to compromise and work with the child's parents when they request visitation. Before filing a lawsuit, consider alternatives like mediation. Parties may work out a voluntary agreement or schedule that acknowledges each's positive contributions to the child's upbringing.
Still, grandparents and other non-parents can request that a court's custody order give legal rights to visitation. The court may grant visitation if:
Under Texas law, child custody is called conservatorship. Married couples have joint custody of their children. They both have the authority to decide important matters for their children and usually do so together.
When parents separate (or divorce), a family court judge may issue temporary or final orders of custody and visitation (possession time). In joint custody cases, the court will appoint both parents as managing conservators. When only one parent serves as the managing conservator (legal custodian), the other parent is a possessory conservator. The possessory conservator has specific rights to possession and access based on a schedule or parenting plan.
According to Texas family law, grandparents can visit their grandchildren any time as long as a custodial parent approves. Problems sometimes arise when biological parents, adoptive parents, or a stepparent restrict a grandparent's visitation or contact.
Since Texas law does not automatically entitle grandparents to see their grandchildren, some Texas grandparents may choose to seek a court order allowing visitation.
In such cases, the grandparents bear the burden of proof. This means that the grandparent must prove that visitation is in the child's best interests and will not interfere with the custodial parent's rights.
Grandparents must overcome many hurdles to get access or visitation over the parents' objections. The first of these hurdles is simply getting into court.
The Texas Family Code includes strict requirements for standing in cases where grandparents seek possession or access to a grandchild. Texas courts will only hear grandparent visitation cases if the grandparent's son or daughter is:
The grandparent must also show that they can overcome the presumption that the child's parent acts in the best interests of the child. The grandparent needs to prove by a preponderance of the evidence that the parent's denial of the grandparent's access to the child "significantly impairs the child's physical health or emotional well-being."
Where a court order has established a grandparent's visitation rights, a grandparent seeking to enforce or change that order may have more success getting heard.
It's important to note that there are other restrictions on a grandparent's right to pursue a visitation petition. Take, for example, cases where both parents have died or suffered the termination of parental rights, and the child has gotten adopted. At that point, it would be up to the adoptive parents to decide whether contact with the biological grandparents should continue.
Once the grandparents have gotten to court, the court may order visitation if it concludes that the grandparent has met the legal burden and that such contact is in the best interests of the child. Most often, these cases arise in the following situations:
The requirements listed above refer only to grandparent visitation in Texas. Requirements in child custody cases are different. A grandparent seeking custody of a grandchild must review Texas state law for non-parent custody of the child.
The Texas Attorney General's Office has set up an Access and Visitation Hotline (866-292-4636). It also has a FAQ page to help parents and non-parents with questions about visitation issues.
If you have more specific questions, consider getting legal advice. Speak with a family law attorney with experience in grandparent rights cases.
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