When parents divorce or separate, child custody battles can become quite complicated. One question that often arises is what happens to the grandparents' rights to see their grandchildren. Texas law recognizes that grandparents play an important role in the lives of their grandchildren, and it provides for specific circumstances where grandparents may petition for visitation or even custody of their grandchildren.
Grandparents' rights in Texas are not absolute, and they are limited to certain situations. Grandparents can petition for visitation or custody in two different ways: (1) as a non-parental conservator or (2) as a grandparent. In both cases, the grandparents must prove that it is in the best interests of the child to have a relationship with them.
Non-Parental Conservatorship
A non-parental conservatorship is a legal arrangement in which someone who is not the child's parent is appointed as a conservator (i.e., guardian) of the child. In Texas, a grandparent may petition for a non-parental conservatorship if they have had actual care, control, and possession of the child for at least six months and if the child's parents have consented to the conservatorship.
If the parents do not consent, a grandparent may still petition for a non-parental conservatorship, but they must prove that the child's current living situation poses a significant impairment to the child's physical health or emotional well-being, and that appointing the grandparent as a conservator would be in the child's best interest.
Grandparents may also petition for non-parental conservatorship if the parents are deceased or have had their parental rights terminated by a court. In such cases, the grandparents must prove that they have had actual care, control, and possession of the child for at least six months, and that appointing them as a conservator is in the child's best interest.
Grandparent Visitation
In Texas, grandparents may also petition for visitation with their grandchildren. To do so, they must demonstrate that denial of visitation would significantly impair the child's physical health or emotional well-being. Furthermore, the grandparents must prove that they have had a substantial and ongoing relationship with the child for at least six months prior to filing the petition.
If the grandparents meet these requirements, the court will order visitation rights that are in the best interests of the child. In determining what is in the child's best interest, the court will consider factors such as the child's age, physical and emotional needs, the relationship between the child and the grandparents, and any potential harm that may result from granting or denying visitation.
Limitations on Grandparents' Rights
It's important to note that grandparents' rights in Texas are not absolute, and they are limited by the U.S. Supreme Court's decision in Troxel v. Granville. In that case, the Court held that parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Grandparents' rights to visitation or custody must yield to the parents' rights, unless the grandparents can show that denial of visitation or custody would significantly impair the child's physical health or emotional well-being.
Furthermore, grandparents must be prepared to show that they are willing and able to provide a stable and safe environment for their grandchildren. Courts will consider factors such as the grandparents' age, health, and financial stability when determining whether to grant visitation or custody.
Consult with an Experienced Family Law Attorney
Grandparents' rights in Texas child custody cases can be complex and difficult to navigate. If you are a grandparent seeking visitation or custody of your grandchildren, it's important to consult with an experienced family law attorney who can help you understand your rights and obligations under the law. An attorney can also help you prepare your case
