Houston Grandparents’ Rights Attorney
Helping Grandparents Maintain Relationships Or Pursue Custody In Houston And Beyond
The current law in Texas as it pertains to grandparents’ rights to custody or access to their grandchildren is quite narrow and very specific in its criteria.
Attorney Travis Thompson and the firm of Law Thompson, P.C. in Houston, are available to provide quality representation for grandparents with child custody and visitation issues, conservatorship and adoption goals that benefit children whose parents are negligent, unfit, abusive, drug-addicted, on military duty overseas, imprisoned or deceased.
Our office can recommend a number of legal strategies when a child’s birth parents have shirked parental responsibilities or a dispute arises over a parent’s resistant attitude to relinquishing custody.
Grandparents’ Rights To Visitation In Texas
Under Texas law, grandparents do not have any automatic right to see their grandchildren. The issue mostly commonly comes up in the context of a divorce or one parent’s death, where grandparents are abruptly cut off.
If the parent with primary custody refuses access, the grandparent(s) can petition for visitation. The court will examine whether the child had a bond and regular contact with the grandparent(s) and whether the grandchild’s best interests are served by regular visitation with Grandma and/or Grandpa.
We can assess your standing to seek visitation and help you present a strong case for remaining in your grandchild’s life.
Grandparents And Custody
Increasingly, grandparents are stepping in to fill the void when the natural parents are absent or unable to care for a child. A temporary situation may become a long-term or even permanent fix when grandparents petition the court to assume formal custody of their grandchildren.
This could include something as simple as an agreed order between the parents and the grandparents that the grandparents are going to have custody and raise the children. Or, in certain extreme cases, it may involve a voluntary or involuntary termination of parental rights by the natural parents, followed by an adoption by the grandparents.
Travis Thompson is a board-certified family law specialist who can help you take the steps to keep your grandchild in the family and out of the foster care system.
Frequently Asked Questions
Q: Do grandparents have an automatic right to visitation or custody in Texas?
A: No. Texas law does not grant grandparents an automatic right to see or care for their grandchildren. If a fit biological or adoptive parent denies access, the court will generally defer to the parent’s decision unless the grandparent can meet strict statutory requirements demonstrating that denying access would significantly impair the child’s physical health or emotional well-being.
Q: What do I have to prove to get court-ordered grandparent visitation in Texas?
A: To petition for visitation under Texas Family Code § 153.433, you must overcome the legal presumption that the parent is acting in the child’s best interest. You must prove two main things:
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Denying you possession or access would significantly impair the child’s physical health or emotional well-being.
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The grandparent seeking access is the parent of a biological or adoptive parent of the child, and that parent is deceased, incompetent, incarcerated, or does not have court-ordered actual access to the child.
Q: Can I get custody of my grandchild if both parents are unfit or absent?
A: Yes. If there is evidence of abuse, severe neglect, drug addiction, or abandonment by the parents, a grandparent can file an original suit affecting the parent-child relationship (SAPCR) to seek managing conservatorship (custody). In emergency situations, a temporary restraining order or emergency temporary order can be requested to ensure the child’s immediate safety.
Q: What if my son or daughter passed away and the surviving parent won’t let me see my grandchild?
A: This is one of the most common situations where Texas courts grant grandparent access. Because your child (the grandchild’s biological parent) is deceased, you satisfy one of the core statutory conditions. If you can also demonstrate that cutting off your existing relationship with the grandchild causes the child significant emotional harm, the court may order a specific possession schedule.
Q: Can a grandparent get temporary emergency authorization to make decisions for a grandchild?
A: Yes. If a grandchild has been living with you for at least six months or if the parents are temporarily unable to care for the child due to illness, rehab, or military deployment, you may be eligible to request temporary legal authorization or voluntary power of attorney to handle schooling, medical care, and day-to-day decisions.
Q: Will an adoption by a stepparent terminate my rights as a grandparent?
A: Generally, yes. If a stepparent adopts the child, all legal rights of the non-custodial biological parent – and consequently that parent’s relatives – are severed. However, if you already have a court-ordered visitation decree in place prior to the adoption, or if the adoption is by a relative, your rights may be preserved depending on the circumstances.
Get Answers And Advocacy At Law Thompson, P.C.
Your initial consultation on the subject of grandparents’ rights will be confidential and informative. To arrange this important first meeting, call Houston lawyer Travis Thompson at 281-369-8665 or send us an email message.
Our Houston office represents clients in Harris County, Montgomery County and surrounding counties.