Texas Grandparents – Do You Have Visitation Rights? | Schreier Housewirth

Divorces affect more than just the couple ending their marriage, it has an impact on their kids and the grandparents of those children.

Custodial parents often cut off contact with grandparents, leaving some wondering about grandparents rights and visitation.

Unfortunately, the issue of grandparents visitation rights is a difficult one that the state of Texas is very black and white about.

Family law attorneys can help grandparents in some instances, but not all.

Does Texas Have Laws On Grandparents Visitation Rights?

Texas does have a grandparents visitation rights access statute, but it is not frequently enforced.

The reason for this is based on the idea that the custodial parent, if they are fit and able to properly raise their child, has complete control over who has access to their child.

Regardless of any recorded grandparents rights to visitation, the parent can decide against those visits if they believe it is in their child’s best interest not to see grandparents, overriding that law.

Knowing this, family attorneys may not be able to help grandparents succeed in their efforts to legally seek visitation access to the child.

How Do Access and Custody In Terms of Grandparents Rights Differ?

When questioning issues of grandparents rights, it is important to differentiate between access and actual custody.

As mentioned above, grandparents visitation rights that provide access are not always enforceable if the parent with custody is fit and appropriately raising their child; however, if this is not the case and it is believed that the child is in a harmful situation, grandparents can petition for actual custody.

Grandparents with concerns over the care that their grandchild is receiving should discuss the situation with a family attorney who has experience with grandparent's rights issues and grandparent's custody cases.

This 2-minute video presented by Board-Certified Family Law divorce lawyer Greg Housewirth discusses the topic of grandparents’ rights and what recourse grandparents might have in their quest to see their grandkids.

Seek Help With A Grandparents Rights Visitation Attorney

It can be heartbreaking when grandparents are denied visitation rights to their grandchildren.

Although Texas family law does offer statutes on grandparents rights surrounding visitation, they can be difficult to enforce.

Grandparents struggling to gain access to their beloved grandchildren or who are concerned for their grandchildren in any way should discuss their situation with an attorney experienced in these cases.

A compassionate family law attorney will listen and inform grandparents of whatever options they have to gain visitation if at all possible or to seek custody of their endangered grandchildren, if necessary.

Schreier & Housewirth Family Law

1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110

817-587-8095

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.

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