What Can I Do if I Am Denied Access to My Grandchild in Texas?

 Posted on April 08, 2024 in Grandparents Rights

Grandparents’ rights are a difficult issue under Texas law because the state grants broad autonomy to parents in how they raise their children. This includes the authority to decide who children may have a relationship with, even if that means cutting off a family member.

If you are a grandparent who has been denied access to your grandchild by the child’s parents, the first step is to consult with a qualified family lawyer in Texas who can discuss your rights with you.

What Are My Rights as a Grandparent?

Grandparents are, for the most part, considered third parties in Texas and do not have any automatic rights to their grandchildren. The easiest way to ensure you have a strong relationship with your grandchild is to maintain positive relations with his or her parents. If this is not possible to do with both parents and only one parent consents to your having visitation rights, you may be allowed to visit the child during periods when only that parent has possession, or custody, of the child.

Otherwise, your other option is to ask a court to grant you visitation rights over the parents’ denial. Texas law requires you to show that the denial is causing harm to the child’s emotional or physical well-being, which can be difficult to prove.

Additionally, for a court to consider granting you visitation rights, the child’s parent who is your child must be in one of the following conditions:

• Dead

• Declared legally incompetent

• In prison for more than 90 days before the petition was filed

• Without legal access to or possession of the child

What Factors Will a Court Review When Considering a Grandparents’ Rights Petition?

There is no formula that guarantees a grandparent visitation rights. Even if presented with all of the above, a court may look at many other factors when deciding whether to grant visitation rights to a grandparent, such as:

• The wishes of the child

• The child’s physical and mental health

• The grandparent’s physical and mental health

• The quality and length of the child’s relationship with the grandparent

• The good faith of the grandparent

• The good faith of the parent in denying visitation rights to the grandparent

• The visitation time requested

• Whether the visitations would expose the child to conflict between the parents and the grandparent

Consult a Fort Worth, TX Family Law Attorney

Ultimately, getting a court to grant visitation rights to a grandparent over the parents’ objections is a difficult thing to do. There are no guarantees even if many of the criteria are met. Furthermore, timing is critical. The longer you wait to file a petition, the more circumstances can change, which can weaken your case. To achieve the best result possible, make sure to consult an experienced Fort Worth, Texas family lawyer who has a broad knowledge of grandparents’ rights. Schedule a free consultation with The Law Office of J. Kevin Clark P.C. by calling 817-348-6723 today