Grandparents in Texas can petition the court for guardianship of a child if the parents do not consent to a power of attorney and allow them to choose the child's residence. Grandparents who adopt a child would essentially have parental authority, including the ability to decide where the child lives and how they are raised.
When all living parents and/or guardians consent to the grandparents taking over, or when the grandparents can demonstrate that the child's current situation with the parents poses a serious risk to the child's emotional or physical health, a grandparent may file a petition for managing guardianship (usually due to child neglect or abuse).
Typically, one of the parents involved—the biological parents or someone claiming to be the biological parent—will be involved in a custody dispute. However, grandparents can also have a significant impact on a child's life. Many grandparents want to be involved in their grandchildren's lives and, in some cases, may even want to step in and assume parental responsibilities. Do grandparents have custody rights in Texas? If so, under what conditions?
Parental permission
The voluntary relinquishment of custody of the children by adult parents to grandparents is the easiest way for the grandparents to obtain custody of the children. The grandparents' residency would be in the best interest of the children, if so determined by the parents or guardians. However, the grandparents will have to take other steps to obtain custody if the child's parents oppose their request for custody or visitation.
The right of grandparents to visit their grandchildren
Visitation rights and custody rights have significant differences. Grandparents in Texas can, in some cases, petition a court for visitation rights or grandparent time with their grandchildren. Most often, courts will respect a parent's authority over who interacts with their children and will not grant visitation if the parent objects. However, even against the wishes of one or both parents, a Texas court may approve grandparent visitation if it meets the following requirements:
- The parents have separated;
- The father has died, been imprisoned, or has been deemed legally incompetent;
- The father-son relationship has ended due to a court order;
- At least six months must have passed since the child first moved in with the grandparents.
The court will only allow grandparents to have visitation if it determines it is in the best interest of the children. In most cases, grandparents must demonstrate that denying visitation would be detrimental to the child if the parents object.
Call an experienced attorney like Mathew Mendez of Houston Child Custody Attorneys for guidance and representation if you are dealing with custody disputes or other family law issues in Harris County.
