What Rights Do Texas Grandparents Have Following Divorce?

 Posted on November 07, 2024 in Grandparents Rights

There are currently more than 7.1 million grandparents across the United States who are living with their minor grandchildren. About 2.3 million of those grandparents have full custody of their grandchildren, and about a third of the grandchildren living with their grandparents are younger than 6. Grandparents are an important part of a child’s life, and divorce can be hard on both the child and the grandparent.

As with every question involving children, the primary determination in custody and visitation determinations for parents or grandparents is the child's best interests. If you are a grandparent who wants to have formal visitation time with your grandchildren, the parent with primary custody who does not want that to happen, or the parent with visitation who either does or does not want grandparent visitation, you can benefit from speaking to a Fort Worth, TX child custody lawyer from The Law Office of J. Kevin Clark P.C..

What Are Some Reasons a Grandparent May Not See His or Her Grandchildren After a Divorce?

Following a Texas divorce, grandparents who previously saw their grandchildren often may not have the same type of access. While a Texas court could grant visitation to a grandparent following a divorce, state law does not give grandparents an absolute right to visit their grandchildren, and the parents’ wishes almost always take precedence. This can be a complex situation.

The parent with primary custody may now live a distance from the other parent’s family, making it logistically impractical to ensure the children still see the grandparents as often as they once did. If the divorce was particularly contentious, the grandparents may spend time with their grandchildren, telling them how unfair it is that their own child did not get primary custody.

Or, the grandparents may talk badly about their former daughter-in-law or son-in-law to the children, making that parent reluctant to let the children continue to see their grandparents. While there are many reasons a parent with primary custody may not go out of his or her way to ensure the children continue to visit with their grandparents, in the end, the court will usually abide by the wishes of the parent or parents.  

What Laws Apply to Texas Grandparent Visitation?

Texas Family Code Sections 153.432 and 153.433 allow a grandparent to request access to a grandchild, although there are requirements that must be met. A court could order reasonable access to a grandchild if the following requirements are met:

• At least one of the child’s parents has not had his or her parental rights terminated.
• The grandparent can definitively show that denial of access to the grandchild is not in the child’s best interests and will impair the emotional well-being or physical health of the child.
• The grandparent requesting access is a parent of the parent of the child, and that parent:

• Has been in jail or prison for three months prior to the grandparent’s request for access
• Is deceased
• Does not have court-ordered possession or access to the child
• Has been found by a court to be incompetent.    

Contact a Fort Worth, TX Child Custody Lawyer

Perhaps you have questions about grandparents' visitation rights. An experienced Fort Worth, TX child custody lawyer from The Law Office of J. Kevin Clark P.C. can answer your questions and explain when grandparents have visitation rights. We can also assist the grandparents in compiling and presenting evidence to the court to determine whether visitation is appropriate.

Attorney J. Kevin Clark is a member of the Texas Bar Foundation and the Tarrant County Bar Association who has first-hand experience with the stress of divorce. Contact The Law Office of J. Kevin Clark P.C. at 817-348-6723 to schedule your free consultation.