One of the more special relationships that two people can ever experience together is that of grandparent and grandchild. Unfortunately, sometimes, family situations can become messy and grandparents may find themselves being obstructed from participating in their grandchild’s life. One important aspect of family law in Texas is the recognition that grandparents can have some rights pertaining to visitation with their grandchildren.
In order for a grandparent to have the opportunity to secure what is termed under Texas law as “reasonable possession of or access to” their grandchild, there are conditions which must be met. Of primary significance, the court must determine that bestowing visitation rights to a grandparent represents the child’s best interests.
In addition, one of the following situations, which are posted on the Texas Attorney General’s website, must also exist:
- The child was neglected or abused by a parent.
- The parents have gotten a divorce.
- A child-parent relationship has been terminated through a court order.
- The child and grandparent have lived together for a period of at least six months.
- A parent has died, been deemed incompetent or been incarcerated.
However, while visitation rights can be granted to grandparents when these circumstances are met, their right to visitation is not absolute. Additionally, if a grandchild is adopted by anyone except their step-parent, the child’s grandparents are not allowed to request visitation.
Being denied the opportunity for a relationship can be a tremendous loss for both a grandparent and a grandchild. This is especially true if the child is in an unstable home environment and could really use a calming, supportive adult influence.
If you are not being allowed to see your grandchildren, you may wish to consider having the issue looked into by a Texas family law attorney. An attorney may be able to help you find a means by which you can have visitation rights that both you and your grandchild would find beneficial.
