What Visitation Rights Do Grandparents Have in Texas After a Divorce?
Divorce can be hard on grandparents. When can they see their grandchildren? Here is what the law says.
Divorce is a highly emotional event that can be hard on the spouses as well as the children. But what some people forget is that the grandparents may have a difficult time, as well. They not only may have been close with their son-in-law or daughter-in-law, but they likely had a good relationship with the grandchildren, as well. So, what happens now when the parents divorce? How will that affect their relationship with the grandchildren?
Many grandparents are close with their grandchildren. They may visit them often, babysit them, and take them places. This bond is not something that should be broken due to a divorce. The good news is that every state allows for grandparents to have some sort of visitation. Read on to see the laws that apply in Texas.
Visitation Laws in Texas
As a grandparent, you may wonder what laws apply to you if your grandchild’s parents have divorced and you live in The Lone Star State. Texas allows for grandparent visitation when one of the following circumstances apply:
- The parents have divorced.
- The parents have neglected or abused the child.
- One or both parents are incarcerated or dead.
- The parent-child relationship has been terminated due to a court order.
- The grandchild has lived with the grandparent for six months or longer.
However, keep in mind that grandparent visitation laws do not automatically grant visitation to grandparents. The grandparent will still need to petition for visitation and the request could be denied if it is determined that visitation will impact the relationship in some way. For example, the courts may determine that visitation is not in the child’s best interests if the child was never close to the grandparent anyway. Trying to force a relationship onto the child may not be a good idea, especially if the child is older.
It is never presumed that grandparent visitation is necessary. The court will assess a child's best interests in every case to determine the best course of action. A judge will look at various factors to determine if grandparent visitation is appropriate, and if so, how much.
Custody Laws in Texas
There are some situations in which a grandparent may wish to seek child custody. However, one of the following must apply:
- The grandparent is concerned about the grandchild's physical and emotional welfare in their current home environment.
- One or both parents have consented to the custody arrangement.
Once you become a custodial parent, you can order child support from the parents. If you have custody, both parents will be required to pay you child support to pay for the child’s housing, clothing, education, healthcare, and other needs.
Contact a Pearland Divorce Lawyer Today
Texas and all other states have grandparent visitation laws. If your grandchild’s parents have divorced, learn about the laws that apply.
John Powell III, P.C. has experience helping grandparents with visitation and custody issues. We’ll work hard to serve the best interests of the children. Schedule a consultation today by filling out the online form.