Although grandparents can play an essential role in a child’s life, parents may have issues or objections to their grandparents having access to their child. However, Texas law recognizes that grandparents can form a deep emotional bond with their grandchildren, and that grandchildren can benefit from having those close relationships in their lives. The law, therefore, grants grandparents certain rights to seek access to their grandchildren. As a result, families in Forney, TX, should understand how grandparents’ rights work under Texas law.
When Do Grandparents Have Legal Rights?
A grandparent may have the right to seek a court order granting them the ability to spend time with their grandchildren or to have access to their grandchild (e.g., the right to call, email, text, send gifts, etc.). A grandparent can pursue their rights by filing a lawsuit or a motion for modification of custody. Courts may grant grandparent rights in specific family circumstances, including:
- At least one biological parent still has their parental rights, and
- The grandparent’s child who gave birth to the child has been incarcerated in the three months preceding the grandparent’s petition, has been adjudicated incompetent, has passed away, or does not have actual or court-ordered custody of the child
Grandparents may not pursue rights under Texas law if both biological parents have passed away, had their parental rights terminated, or relinquished their parental rights.
Furthermore, the law presumes that biological parents who refuse a grandparent access to the grandchild have acted in the child’s best interests. Thus, a grandparent who petitions for access must overcome this presumption.
Factors That Forney Courts Consider
Under Texas law, factors that a court in Forney must consider when a grandparent requests access to their grandchild or the right to spend time with their grandchild include:
- Whether denial of time or access to the child would substantially impair the child’s physical or emotional well-being
- Whether at least one biological parent of the child retains their parental rights
- Whether the grandparent’s child who gave birth to the child at issue has either been incarcerated, been found incompetent, passed away, or lost physical custody
Steps Families Can Take
When grandparents request time and access with grandchildren, steps families should take include:
- Document the relationship: Parties should maintain records of the time grandparents spend with grandchildren, the caregiving activities they assume, and the efforts they make to build an in-depth relationship.
- Consider mediation: Specialized family law mediators can help grandparents and parents resolve conflicts over grandparents’ involvement in their grandchildren’s lives.
- Consult a family law attorney: Parties should work with knowledgeable family lawyers to discuss their rights and options.
Challenges Grandparents May Face
Some of the challenges that grandparents must overcome when petitioning for visitation with and access to their grandchildren include:
- High legal standards: Because the law presumes that a parent who refuses a grandparent access to their grandchildren has acted in the children’s best interests, grandparents must present substantial evidence to show that denying access would have a detrimental effect on the children’s physical safety or emotional well-being
- Straining family conflicts: Pursuing legal action to force access to grandchildren can have adverse consequences for a grandparent’s relationship with the child’s parent(s) or for the grandparent’s relationship with their grandchildren.
- Expending time and cost: Legal proceedings to enforce grandparents’ rights can involve a time-consuming process and impose significant expenses.
Contact a Forney Family Law Attorney Today
When parents and grandparents disagree over the grandparents’ ability to spend time with or contact their grandchildren, understanding grandparents’ rights under Texas law can help families evaluate legal options and potential solutions. Contact Guest & Gray today for a free initial consultation with a knowledgeable family law attorney to learn more about grandparents’ rights to secure access to and visitation time with grandchildren in Forney, TX.
