While grandparents’ rights differ from state to state, most follow a simple principle—considering the best interests of the child in question.
For grandparents in Texas, few rights actually exist solely because they are grandparents, and this is common across many states. In fact, a number of states have ruled that grandparent’s visitation statutes are unconstitutional, though thankfully that isn’t the case in Texas.
In Texas, there are a variety of situations in which a grandparent can sue for visitation rights if they believe they are not being granted proper access to their grandchildren.
It should be made clear that a parent’s rights will often supersede a grandparent’s rights if none of these 5 situations apply. For instance, if the children’s parents (including stepparents) are still married and have decided to cut off access to your grandchildren, unless one of the following situations applies, there is usually nothing you can do other than to work on the relationship and try to reestablish lines of communication.
One other caveat is that a grandparent cannot sue for visitation rights if the child has been adopted.
Here are the 5 situations where you may be able to sue for visitation rights if you can prove that this is in the child’s best interest.
1. The Parents of Your Grandchildren Have Divorced
Just as a divorced parent can sue for visitation rights during a divorce if one party or another is insisting on full custody or a visitation agreement that the other party finds unfair or untenable, a grandparent can sue for visitation rights if they believe (and can prove) that this is in the best interest of the child.
It’s important to note that most courts see this as a last resort. Courts don’t want you to have to sue for the right to visit your grandchildren, and if you’re in a position where you feel you have to, it’s often because of a dysfunctional relationship between you and the parents or the parents and each other. It can sometimes be the case that one parent will deny the other parent’s parents the right to visit out of spite.
In this case, it’s best if you try from the beginning to reestablish the relationship and come to a reasonable agreement with the parent who is being unreasonable or spiteful. If lines of communication break down, then your attorney may need to prove that your right to visit is in the best interest of the children. Unless you yourself meet the following conditions, it is unlikely that a court will rule against you.
2. Your Grandchildren Have Been Abused or Neglected
This situation is usually straightforward. If one or both parents have abused or neglected your grandchildren and you are an upstanding citizen, it’s likely that you’ll be able to sue for visitation rights (or even full custody) and be successful.
If only one parent (your son or daughter) has been abusive or neglectful and the parent who is trying to cut off your access to the children is an upstanding citizen, you man have trouble showing that your right to visitation is in the best interests of your grandchildren even if you yourself are trustworthy and a positive influence in their lives.
3. Your Grandchildren’s Parent(s) Have Gone to Prison, Been Found Incompetent, or Died
Again, if both parents meet these criteria, it may be a simple matter for you to gain full custody of your grandchildren unless a prior agreement of some sort specifically grants custody to someone else (often another family member). If this is the case, you may have to prove that the other family member is abusive or dangerous to the child in some way if they are attempting to cut off your visitation rights. If this is not the case, again, you’ll likely be better off trying to rectify the issue that is keeping the children’s guardian from granting you visitation with the children.
If only one parent has gone to prison, been found incompetent, or died, and the other parent has no issues that would alarm a court, that parents’ rights are likely going to supersede your own. Again, working on that relationship is probably a better bet than involving a court.
4. A Parent’s Rights Have Been Removed by a Court
Just as in the above situations, if both parents have their rights removed, you likely can sue successfully for visitation rights, or even full custody. If only a single parent’s rights have been removed, communication is almost always going to be the more successful route.
5. Your Grandchild Has Lived With You for at Least 6 Months
All these situations are uncommon at best, but there is always the possibility that, even during a divorce (especially a particularly contentious divorce) that the children will need to stay with their grandparents for a period of time.
Because it’s not common for children to spend 6 months with their grandparents (which is a long time in the eyes of the law), this is a strong argument that a grandparent should have visitation rights. This shows the court that a relationship between grandparent and grandchild has been established and is likely critical to the best interests of the child.
Do You Feel You Need to Sue for Visitation Rights? We’re Here to Help
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