Grandparents' Rights: Understanding and Protecting Your Relationship With Your Grandchildren

A grandparent can play a very important role in the life and development of their grandchild. As a grandparent, your relationship with your grandchild matters. In some cases, it may be legally protected under Texas state law. Indeed, a grandparent may even be entitled to access to a grandchild. However, these are often complicated, sensitive cases. Here, our Houston family lawyer provides a comprehensive overview of grandparent rights in Texas.

As a starting point, it is vital that grandparents understand how the law actually works in Texas. Here is the fundamental basic point: Texas law primarily recognizes the rights of a child's legal parents when determining custody and visitation. Custody and visitation are officially known as “possession” and “access” under Texas law. Notably, the state operates under the best interests of the child standard. In a dispute, a court must determine what arrangement is best for the health, safety, and welfare of a child. At the same time, Texas recognizes parental autonomy. As a grandparent, your rights are always secondary to the rights of the child’s legal parent.

While a child’s legal parents have primary rights in Texas, our state allows grandparents to petition for court-protected possession and access rights when certain criteria are met. The key grandparent rights statute is Texas Family Code § 153.432. In order for a grandparent to successfully petition for court-protected possession/access of a grandparent over the object of the child’s parents, a grandparent must prove that their child (the grandchild’s parent) is any one of the following:

• Incarcerated (at least three months)
• Incompetent (as determined by a court);
• Lacks parental rights themselves: or
• Deceased.

In other words, parents who are competent have a general right to exclude their own parents (their child’s grandparents from possession/access to a child in Texas. In other words, if you are a grandparent and your own child refuses to cooperate, you have very limited rights under Texas law. However, if the child’s other parent is the one that refuses to cooperate and your child is incarcerated, legally incompetent, has had their parental rights stripped, or is deceased, you can seek court-protected custody or visitation.

In Texas, when grandparents seek visitation or custody rights over parental objection, the burden of proof rests squarely on the grandparents. They must demonstrate that the absence of their involvement would significantly impair the child’s physical health or emotional well-being. It is a strict stringent standard that reflects the Texas legal presumption in favor of a parent's rights to control their child's upbringing.

Still, there are situations in which it is absolutely possible for grandparents in Texas to seek legally guaranteed visitation over the objection of a child's parent. In the vast majority of cases, the conflict is between a child’s grandparent(s) and the child’s parent, who is not actually the child of that grandparent. If these cases end up in court, the petitioning grandparent should be prepared to present evidence that proves that visitation/custody for them is best for their grandchild.

No grandparent wants to cause conflict for their family. Further, Texas law disadvantages grandparents when compared to the kid’s legal parents. Given the situation, adopting a collaborative approach can often yield the best outcomes for all parties involved—especially the kid.

By engaging in mediation or cooperative negotiation, grandparents and parents can work together to establish an agreement that respects the parents' authority while acknowledging the grandparents' valuable role in the child's life.

Opting for collaboration over litigation can preserve family relationships and create more stable, loving conditions for your grandchild. Our family law team can help. At the same time, we are always prepared to take aggressive action to protect your grandparents’ rights when needed.

Are you a grandparent in Southeast Texas who wants to protect your relationship with your grandchildren? It is crucial that you take a proactive approach. It is especially vital if you have a conflict with your own child (parent A) or the child’s other parent (parent B). Remember, Texas law provides actionable legal rights to seek custody/visitation for grandparents if Parent A is not currently in the picture. Here are four key steps to take to develop a strategic approach:

• Know Your Goal: Before taking any legal steps, grandparents should clearly define their objectives—whether it is obtaining visitation rights or securing custody. Understanding what you hope to achieve helps in tailoring your approach to the specifics of the case.
• Get Organized: Gather all relevant documents—from medical records to correspondence to any evidence of past involvement with the grandchild. Organizing this information chronologically can help illustrate the depth and nature of your relationship.
• Try to Communicate With the Parent: Grandparents should always try to maintain open lines of communication with the child's parents. It is one of the best steps that you can take. Doing so can help prevent misunderstandings and build mutual trust. Approach conversations with respect and understanding. Collaborative solutions work best.
• Seek Professional Counsel: Grandparent rights cases are complicated. You do not have to take on the family law process alone. A top-tier Houston, TX, grandparents’ rights lawyer can review your case, answer your questions, and develop an actionable legal strategy.

At Thornton Esquire Law Group, PLLC, our Houston family lawyer has the skills and experience to take on the full range of grandparent rights cases. Have questions? We have answers. Reach out to us by phone at (888) 378-1784 or contact us online for a strictly confidential initial appointment. With an office in Houston, we handle grandparent rights cases throughout Southeast Texas, including Harris County, Fort Bend County, and Montgomery County.