Understanding your rights as a grandparent in Texas


The only thing in life that may outshine the joy of being a parent is that of being a grandparent. As such, you may be concerned for your children as they face challenging times during their lives but turn your focus toward caring for your grandchildren. At the Law Office of Brian Bagley, PLLC, we have helped many people in Texas understand their rights as grandparents, and pursue solutions aimed at providing for the care and best interests of their grandchildren.

While you may hope that your child will eventually resume their parental responsibilities, there are situations in which you may consider seeking custody of your grandchild. The court may grant you managing conservatorship for your grandchild if he or she has lived with you for six months or more if you can show that his or her environment at home is emotionally or physically harmful, or if his or her parent or legal guardian agrees to give you custody.

Due to a falling out, or for any other number of reasons, your grandchild’s parents may have cut off contact between you and your grandchild. However, you may seek visitation under certain circumstances if you believe it is in the best interests of your grandchild. According to the Office of the Attorney General of Texas, grandparents’ rights include the ability to seek visitation. Orders for mandatory visits may be granted if your grandchild’s parents are divorced, if the child has lived with you for six months or more, or your grandchild was abused or neglected by his or her parent. The court may also grant you visitation for your grandchild if there has been a previous court-ordered termination of the parent-child relationship or when one of your grandchild’s parents has died, been deemed mentally incompetent or is incarcerated.

The visitation rights afforded to Texas grandparents are not absolute. However, it is widely held that grandparents are an important element in their grandchildren’s lives, and thus, those relationships should be fostered and maintained. More information on grandparents’ rights is available on our web page.

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