Many Texas grandparents help raise their grandchildren, yet a family conflict or a parent’s death can end that relationship overnight. Understanding your rights as a grandparent can help you keep your bond with your grandchildren.
Qualifying for court-ordered visitation
As a biological or adoptive grandparent, you may request visitation, known as possession or access in Texas, to a grandchild in specific situations involving your own child. These situations can arise when your child has died or spent time in jail or prison during the three months before you file. Other circumstances, such as when a court rules that your child cannot manage their own affairs, can also qualify.
Demonstrating the impact on your grandchild
You must also show that denying visitation would significantly impair the child’s physical health or emotional well-being. Evidence can include:
- Expert testimony or detailed clinical records from psychological professionals
- Documented, severe decline in the child’s emotional or physical health
- Specific proof that the lack of contact is actively detrimental to the child
Texas law presumes that a parent acts in the child’s best interest. You must present enough evidence to overcome that presumption by a preponderance of the evidence.
Filing the required affidavit
You can request visitation through an original suit or by seeking to modify an existing custody order. In either case, you must attach an affidavit stating facts that support your claim that denying access would significantly impair the child’s physical health or emotional well-being.
The judge reviews the facts in the affidavit before the case moves forward. If those facts do not provide enough support for the request, the court must dismiss the suit.
Losing visitation rights after a third-party adoption
Even if you meet the usual requirements, changes in your grandchild’s family situation can affect your right to seek visitation. For example, if both biological parents have died and someone other than a stepparent adopts the child, Texas law generally prevents you from requesting access. The same rules apply if both parents have lost or relinquished their parental rights.
Family law counsel can review any adoption, custody or termination orders that affect your rights as a grandparent. An attorney can also explain what evidence and filings you will need to meet the legal requirements for your case.