Helping Grandparents Stay in Their Grandkids’ Lives

Grandparents often play an irreplaceable role in children’s lives. They offer support, unconditional love, and a look back into the family’s history. When family relationships break up or are disrupted, the relationship between grandparent and grandchild may suffer for it. This puts children through even more trauma at a time when they need the love and support of grandparents even more.

If you’ve been denied access to your grandchildren in Texas, you may have rights. However, working with a family law attorney can help you better understand and protect those rights. That’s where attorney Dora Alicia Garza comes in. These issues are incredibly sensitive and emotional for everyone, and her goal is to approach every single case with the compassion the people involved deserve. Find out how Garza Law Office can help you with your family law concern—call us at 956-329-1304 now.

Do Grandparents Have Visitation Rights in Texas?

Under Texas law—and in most other states—parents have a fundamental right to decide what type of upbringing their children have. That includes who their children spend time with, which beliefs they’re exposed to, and how they spend their time. This means that in general, grandparents do not automatically have visitation rights. However, there are situations in which a grandparent can request visitation from the court, and those situations are outlined in Texas Family Code Section 153.433.

When Grandparent Visitation May Be Ordered

Texas family courts may grant a grandparent’s request for visitation if certain conditions are met. These conditions include:

• At least one biological or adoptive parent of the child has not had their parental rights terminated
• Denial of time with the grandparent would significantly impair the child’s health or emotional wellbeing

Additionally, any grandparent wishing to earn visitation rights must prove that the parent by whom they are related to the child in question is one of the following:

• Incarcerated for the three-month period leading up to the visitation request
• Deemed incompetent by the court
• Deceased
• Does not have actual or court-ordered access to the child

Overriding a parent’s natural right to decide what is best for their child is a major legal challenge, which is why working with a family law firm is so important.

Limitations and Legal Challenges

Texas law also outlines specific conditions that bar a grandparent from seeking visitation. If both parents are deceased, have had their parental rights terminated, or have relinquished their parental rights, the grandparent may not request access. They are also barred from requesting access if the child has been adopted or is the subject of a pending adoption by anyone other than their stepparent.

It’s important to realize that just because one of the qualifications are met, the court will not automatically grant a grandparent visitation. They must prove that the child would be harmed by their absence from their life. The burden of proof is extremely high, as Texas law favors parental autonomy. If there’s evidence of a grandparent interfering with the parents’ legal rights, overstepping appropriate boundaries put in place by the parents, or causing past conflicts, the court is unlikely to side with them.

If both parents are alive and unified in their desire to keep the grandparent from having access to their child, courts tend to be reluctant to override their decision.

Circumstances That May Strengthen a Grandparent’s Case

While getting visitation granted can be extremely challenging, that doesn’t mean you should give up on working with a family law attorney to find out if you have a chance. There are circumstances that may give a grandparent a better shot at visitation. A grandparent may be awarded visitation if:

• They previously lived with the child or served as one of their main caregivers
• They have evidence of a close emotional bond with the child
• They have been involved in the child’s education, healthcare, or extracurriculars
• The parent struggles with abuse, addiction, mental illness, or anything else that may make it harder for them to be a stable figure in the child’s life
• The child is struggling mentally or academically after being cut off from their grandparent

Discuss Your Visitation Case With Garza Law Office, PLLC Today

Every case involving grandparents’ visitation rights is unique, and context is incredibly important in these cases. The family law attorneys at our firm can help you advocate for your grandchild and pursue visitation. Call us at 956-329-1304 or get in touch online to find out how our family law firm can help you advocate for your grandchild.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.