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Blog 2020 January Grandparent Visitation Rights in Texas
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Grandparent Visitation Rights in Texas

Posted By Jerry Loftin & Associates || 20-Jan-2020

Until recently, there were no visitation rights established for anyone other than a child’s parents. There are still no federal grandparent visitation laws on the books, so if you are a grandparent, you might be wondering about what rights you have. Every state now has statutes pertaining to non-parent visitation, but they vary wildly from state to state. When visitation is a concern, this lack of clarity can be frustrating. Thankfully, Texas has well-established guidelines that allow for grandparent visitation under specific circumstances.

What to Do if the Child’s Parents Deny Access?

If the child’s parents are objecting to your visitation it can be incredibly disheartening. If mediation is not an effective method for resolving this issue, you will need to get a court to hear your case. Courts are more likely to hear your case if the child’s conservator is incarcerated, deceased, found mentally incompetent, or not currently living with the child.

In Texas, once the courts hear your case and determine that your visitation is in the best interest of the child, you need to provide proof of one or more of the following circumstances:

  • The parents divorced
  • The parents abused or neglected the child
  • Parent incarceration
  • A court-order terminating the parent-child relationship
  • Parent has been found incompetent
  • Parent has died
  • The child has lived with the grandparent for at least six months

An exception to these guidelines is in the case of adoption. If the child has been adopted by someone other than their stepparent, grandparents are not able to request access. These statutes are not guarantees to access, so you need an attorney skilled in family law to help secure your visitation rights.

Visitation Is Not Custody

If your grandchild already lives with you, it might feel like the logical choice to seek custody instead of visitation. Custody can be further broken down into managing conservatorship (which provides full custody) and possessory conservatorship (which entitles you input on important issues in the child’s life).

The requirements for seeking custody are different than those of visitation, and you must meet one of the following guidelines:

  1. The child is living in a dangerous environment (either emotionally and/or physically)
  2. The child’s current guardian has agreed to let you have custody
  3. You’ve had possession of the child for 6 months or more
  4. The child and the child’s parent have lived with you for 6 months or more

The best way to obtain visitation rights or full custody of a grandchild is by securing an attorney who is well-versed in family law. Jerry Loftin & Associates is a trusted name in family law throughout the Fort Worth area.

Contact us online to request a free initial case evaluation today.

Categories: Family Law

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