Grandparents’ Rights

Our Lawyers Understand the Law Involving Grandparents Rights in Texas.

Grandparents’ rights in Texas can include visitation and in some cases custody of the grandchild, and a court may grant these rights under certain conditions. The role of a grandparent can be important in the development of a child, and for that reason the right to visitation may be given if the child would benefit.

The right of grandparents to visitation is not guaranteed, but can be asserted in certain situations if it is in the best interest of the child. If a parent resists or denies visitation to a grandparent, then a grandparent would have to go to court to gain access to the child. The presumption is that the parents have the final right to decide visitation, but in some cases that can be overcome to grant visitation to a grandparent.

Factors to be considered by the court would include at least one of the following circumstances:

• Divorced parents;
• Parental abuse or neglect;
• Where one parent is in jail, incompetent or deceased;
• Termination of the parent-child relationship by court order; and/or
• Where the child has lived with the grandparents for six months or more.

If a child is living full time with a grandparent, they may file suit for primary custody if they are the one with the best ability to care for the child. If custody is granted, the grandparent may also receive child support from the non-custodial parents, both of whom have a legal obligation to provide financial support.

Are You a Grandparent Seeking Visitation or Custody Rights?

If you are a grandparent who is concerned about the welfare of your grandchild and would like to seek visitation rights or even custody, you will need the services of a family law attorney to present your case to the court. Because grandparents’ rights are not absolute, the arguments presented must illustrate that your role will be of benefit to the child and that one or both parents are unable to fulfill their duties.

Merritt Law understands grandparents rights in Texas and knows what circumstances will sway a court to grant visitation. There are facts that can be presented to show that visitation is in the best interest of the child, and we can help you assert your rights to protect the child’s well being.

We Can Help

If you would like to file suit for custody of the child, we can evaluate your case and advocate before the court for your ability to fill the custodial role. Contact Merritt Law to learn more about grandparents rights in Texas.