Gunnstaks Law Office
972-590-6572
800-806-0186
Handling High-Value,High-Conflict Family Law Cases

Contact Our Firm Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Family law: how Texas recognizes grandparents' rights

Texas judges always award child custody with the best interest of the child in mind. While, in most cases, it is determined that the best interest of the child lies in living with one of the biological parents, there are some cases where living with the biological parents can hinder the minor child's emotional and physical well-being. The courts often grant custody of minor children to close family members, such as grandparents, in that type of situation.

Even in cases where the court determines that it is in the best interest of the child to be with the parents, the grandparents still have some limited rights to visit their grandchildren. As a general rule, Texas law recognizes that the parents understand what is in the best interest of their children more than anyone else. Therefore, grandparents do not have an automatic right to visit and establish a relationship with their grandchildren. Similarly, the biological parents do have the right to restrict the grandparents from seeing their children, if they feel that it is necessary.

In many cases though, the grandparents' right to their grandchildren may have been restricted or even completely terminated, due to the parents' relationship with their own parents. Furthermore, when the grandparents who wish to have access to their grandchildren are the parents of the non-custodial parent, they often lose because the custodial parent might not have a relationship with the grandparents in question. The custodial parent may even harbor ill will toward the non-custodial parent, which will only further complicate the situation.

Grandparents who find themselves wrongfully banned from their grandchildren's lives often consult an attorney to gain access to their grandchildren. Nonetheless, it often proves to be an uphill battle with a lot of complications since Texas does not recognize grandparents' automatic rights. In a small number of cases, where the parents themselves have been compromised in their custody due to incarceration or mental incapacity, the grandparents may have more of a chance at gaining visitation rights over their grandchildren.

Source: FindLaw.com, "Grandparents' Visitation Rights in Texas," accessed on July 17, 2015

No Comments

Leave a comment
Comment Information
  • Press Release
  • Board Certified | Texas Board of Legal Specialization
  • Avvo Rating 10.0 Superb
  • LCA | Litigation Counsel of America | FELLOW Gunnstaks Law Office, Attorneys & Lawyers, Plano, TX 10 Best 2015 Client Satisfaction | American Institute of Family Law Attorneys

Office Location

Gunnstaks Law Office
5601 Granite Parkway, Suite 350
Plano, TX 75024

Phone: 972-590-6572
Phone: 972-392-2300
Fax: 214-619-0636
Plano Law Office Map

Call For Appointment Map