Can grandparents seek visitation in Texas?

Grandparents often feel overlooked when their children go through divorces. They love their grandchildren and still want to be part of their lives, but it's hard when their children don't get along with their ex-spouses. Depending on how custody is arranged, it could be extremely hard to see their grandchildren at all.

Texas does recognize that grandparents have an important role in children's lives. Every state recognizes grandparent visitation in some way, with some allowing grandparents to go as far as to seek custody if they think it's in their grandchildren's best interests.

The courts have a right to authorize grandparent visitation in Texas in a few circumstances, including if the parents of the grandchildren get divorced. This doesn't mean there is a right to visitation, but it does mean that you can petition for it if your situation demands it. You have a right to seek visitation, but the parents, if they have good reason, may petition the court not to allow it. It's in your best interests to be able to show why you're an important person in your grandchild's life and the kind of role you've played in your grandchild's life thus far.

Your attorney can help you petition the court for visitation rights if you're unable to see your grandchildren through negotiations with their parents. Remember, courts don't like to stop parents from making a decision about who sees their children, but a strong case could help you obtain custody or a right to visitation if you can show that your presence is a positive factor in your grandchildren's lives.

Source: The Attorney General of Texas Ken Paxton, "Grandparents' Page," accessed March 21, 2018

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