Visitation is often available to parents who no longer live with their children. The Texas family courts can issue orders requiring that a parent with primary custody allow the other parent to spend time with their children. Regular visitation is important for the maintenance of a healthy relationship and the overall well-being of the children.
Parents are not the only ones who contribute to their children’s happiness and development. Extended family members, including grandparents, can play a key role in meeting the needs of young children. Grandparents often serve as unpaid childcare providers. They can offer advice and love to their grandchildren, as well as parenting guidance to their children.
In some cases, Texas law may allow grandparents to request visitation. When can grandparents ask the courts to override parental preferences and allow them access to their grandchildren?
When the family has experienced a disruption
Typically, a grandparent visitation order is only possible when the family has undergone a significant change. Parents divorcing might result in a contentious split where the parent who retains custody attempts to cut off the other parent’s family entirely.
Other times, the death or incarceration of a parent could warrant a request for grandparent visitation. So could foster placement and the termination of a parent’s rights. If a grandparent loses access to their grandchildren because of a change to the family, they may have grounds to ask the courts for visitation.
When they have a prior relationship
For grandparent visitation to be an option, a judge must agree that it is in the best interest of the children. That means the grandparents need to have a verifiable prior relationship with the grandchildren.
They must also be in a position to contribute positively to the child’s life through their presence, guidance and affection. If a family law judge reviews the situation and determines that a grandparent’s time with their grandchildren is likely to benefit them, they can order parents to allow grandparent visitation.
Exploring recent changes in family circumstances can help people assert their rights as Texas grandparents. An experienced family law attorney can help grandparents evaluate the situation and file the necessary paperwork to pursue visitation if they qualify.