Grandparent’s Rights

Usually a custody battles is fought between parents, however, but grandparents can also play a crucial role in the lives of their grandchildren. In Texas, grandparents have specific legal rights, but these rights are limited and subject to strict conditions.

McMullen Law Group, our goal is to help give you the legal guidance you need. In most situations, children having access to the grandparents is excellent for their childhood development, so we want to lay out a clear, easy-to-understand guide to grandparents’ rights in custody battles in Texas.

Do Grandparents Have Rights in Texas?

In Texas, grandparents do not automatically have the same rights as parents in custody disputes. However, grandparents can obtain standing in a custody battle so long as it is in the best interest of the child to do so. Texas law gives grandparents an opportunity provide stability and care for their grandchildren, particularly in cases where the child’s parents are unable or unwilling to fulfill their responsibilities.

When Should Grandparents Seek Custody in Texas?

Grandparents should seek custody of their grandchildren when: 1. a child’s health or safety is a concern; 2. a parents is deceased; or 3. when a grandparent has acted as a parent for a substantial amount of time.

1. The Child’s Health or Safety Is a concern

When the current living situation of a parent is a concern for the health and safety of a child, a grandparent can request the court to grant them custody of the child. Examples of concerns for the health and safety of a child include:

• Abuse,

• Neglect,

• Drug Abuse,

• Alcohol Abuse,

• Mental Illness preventing the parent’s ability to care for the child, or

• Criminal History that would affect the child.

2. A Parent is Deceased

If the grandparent child is deceased or incarcerated that grandparent can seek custody and/or access to the child. However, if both parents are deceased, incarcerated, or otherwise unavailable to care for the child, a grandparent may have grounds to seek full custody of the child.

3. When A Grandparent Has Acted as a Parent for a Substantial Amount of Time

If a grandparent has been the primary caregiver for a child and has had substantial involvement in raising the child, a grandparent can seek custody of a child. A Court can grant custody to a grandparent if the child is already living with them and relies on them for care.

McMullen Law Group Can Help you evaluate your Case and Fight for your Rights

At McMullen Law Group, we are passionate about helping families. We have helped grandparent seek custody or visitation of their grandchildren, and are here to help you. We understand the importance of maintaining meaningful relationships with your grandchildren and are dedicated to protecting your rights. Reach out and we will work with you on the initial steps of your case.