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What rights do grandparents have in Texas?

On Behalf of | Oct 19, 2021 | Family Law

Texas family law recognizes that grandparents can play an important role in raising their grandchildren. Grandparents have a variety of rights regarding custody, visitation, and family matters. It’s important to be familiar with these rights to avoid unnecessary conflict or lawsuits.

Right to receive visitation

Most family law courts grant grandparents visitation rights if the family court determines that it is in the best interest of the children. It’s important to note, however, that these are not automatic, and a family court judge can void them for several reasons. For example, some family judges may deny grandparent visitation based on the family history and family dynamics or if they deem that it could cause harm to a child. Additionally, judges can deny or restrict visitation if the grandparent requests such rights after a family court has already awarded custody to one of the child’s parents.

Right to seek custody

Grandparents do not have automatic custody rights over their grandchildren in Texas. However, there are two situations when grandparents can seek grandchild custody:

• If the child’s parents pass away
• If a family court determines that the child’s parents are unfit to take care of the kids

For instance, Texas family law allows grandparents to seek custody of grandchildren if they felt like there was an immediate danger or harm in leaving them with their parents. In this case, grandparents may have the right to access important information and records about their grandchildren’s education, health, and general well-being. This includes school records, medical reports, a criminal history where applicable, and so forth. However, the extent of this right varies, and it’s up to a family judge to determine if grandparents can have access or not.

Grandparents often have a special bond with their grandchildren. This means that family law gives grandparents certain rights regarding their grandchildren. However, it’s also important to note that family courts can also limit those rights under certain circumstances.