Family issues concerning children can get messy, especially with respect to grandparents rights that are not automatically granted in Texas.
Though it might seem that grandparents visitation rights should be a consideration in every divorce case when there are actively involved grandparents, some must rely on the legal system to gain visitation to their grandkids.
As getting legally assigned visitation rights can be challenging, those wishing to do so should work with an attorney familiar with grandparents visitation rights who can help them seek to gain those rights and see their grandchildren.
Texas Grandparents Not Guaranteed Visitation
As sad as it can be for many parents of divorced or separated adult children with their own kids, Texas child custody law does not specifically address grandparents rights.
As a result, many grandparents end up unable to visit with their grandkids if the parents of those children do not maintain the relationship.
Hard feelings within families and many other reasons often result in grandparents no longer getting to see their grandkids.
It can become a sad situation without the protection of grandparents visitation rights, both for the grandparents as well as the children involved.
Why Are Grandparents Visitation Rights Not Automatic In Texas?
It is unfortunate that in most cases, there is little that can be done should grandparents find themselves suddenly excluded from the lives of their grandchildren.
The topic of grandparents rights has been hotly debated in Texas for a long time, but the state still currently maintains that assigning grandparents visitation rights is unconstitutional and violates the parents’ own parental rights and wishes for their children.
In spite of this, lawyers who help grandparents seek visitation rights can sometimes help clients obtain visitation rights in certain circumstances.
While winning those rights is not guaranteed, it is also not impossible depending on the situation.
When Can Grandparents Sue for Grandparent’s Visitation Rights?
While it may be difficult to do so, grandparents can file suit for visitation rights if they feel they can prove that maintaining the relationship with their grandkids is in the best interest of those children.
Whether there is already a very close relationship with grandchildren or grandparents believe that the parents are not able to provide the best care for the children, the court must be able to see and decide that visitation is essential for the children regardless of the wishes of the grandparents.
To achieve this, grandparents need to work with a visitation rights attorney who is experienced in this issue and can help them build a strong case in support of this contention.
If there are valid reasons why it would be detrimental for the children to not see their grandparents, some family courts will side with the grandparents.
Seek Experienced Help To Gain Grandparents Rights in Texas
While grandparents rights are not guaranteed in Texas and the family court will not often side with grandparents seeking visitation, those with a strong enough argument as to why their grandchildren need them may succeed.
The best chance that grandparents have of building a strong case and actually succeeding in this is with the help of an experienced grandparents visitation rights attorney who understands what factors are important to the court and knows how to best present them.
Schreier & Housewirth Family Law
1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110
Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.