A grandparent can file a lawsuit in Texas asking for custody if that grandparent is able to prove that such custody is in the best interest of the child. In this post, we will see if a grandparent without custody has possession or access rights to his or her grandchild.
A grandparent does not necessarily have the right to call and visit a grandchild. According to Texas family law, it is a parental decision as to whether a child is allowed contact with the grandparents. The law is not necessarily on the side of grandparents who do not get along well with their children, (i.e., the grandchild's parents) who, in turn, may lead to a parent blocking visitation of a grandparent and grandchild. If a parent blocks a grandparent from seeing the grandchild, the only way the grandparent can prevent it is by proving that the child would benefit from the relationship and that child's relationship with the parents hurts the child. However, This can be a challenge to prove.
For a grandparent to be able to visit a grandchild despite the protests of the parents, a grandparent must file a case with the Texas court under Chapter 156 of the Texas Family Law code. In order to win the case, the grandparent must prove in court that the child's parents were incarcerated for at least 90 days before the filing of the lawsuit, that their parental rights were terminated, that they are deceased, were found incompetent by a court, or that a child's parent is not competent to properly take care of the child.
It is important for Texas residents to understand that it requires significant time and effort to establish and maintain grandparents' rights. Grandparents who find themselves in a challenging position may want to seek help to determine their rights and how the law might apply in their particular situation.