GRANDPARENT'S RIGHTS
No Rights If Parents Married
If a grandparent is not being allowed to see or talk to the grandchildren and the parents are married and living together, the law in Texas does not give the grandparents an automatic right of access to the children. In other words, the court will not order the parents to let the grandparents see or talk to the children. The reason for this is that Texas presumes that the parents know what’s best for the children and will not generally allow anyone else to interfere in that parent-child relationship.
Standing For a Grandparent If Either Parent is Alive
Under §102.004 of the Texas Family Code a grandparent cannot file an original suit for custody of grandchildren unless:
| 1. | The child’s present circumstances would significantly impair the child’s physical health or emotional development; or |
| 2. | Both parents, a surviving parent, or the managing conservator or custodian either filed the petition or consented to the suit. |
A grandparent may intervene in a pending lawsuit and seek possession of or access to the grandchild if:
| 1. | The grandparent has substantial past contact with the grandchild; and |
| 2. | The court finds that there is satisfactory proof that appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair the child’s physical health or emotional development. |
Standing For a Grandparent If Both Parents Are Deceased
§153.431 of the Texas Family Code says that if both parents of the children are deceased, then the court can consider granting custody to the grandparents and the grandparents can file and original suit seeking custody.
Summary
Each situation is unique and if you are a grandparent seeking access to your grandchild you should consult with an attorney. The information above is meant as a general guideline to give you some understanding about what the law is in Texas but the courts generally have wide discretion to do what is in the best interest of the child.