Grandparent Visitation Rights

A suit affecting the parent-child relationship not only has the potential to hurt the relationship between parent and child but also family members who built a strong bond with the children, such as grandparents.  Fortunately, Texas recognizes the important role grandparents play in the lives of children and has a clause within the Family Code written to protect the visitation rights of grandparents.  If you are a grandparent wishing to file a suit to claim your grandparent visitation rights, reach out to a family law attorney who can advise you of your rights. 

Grandparent Visitation Rights Lawyer in Cameron County, Texas 

If you have tried endlessly to come up with a cordial agreement with the child’s parent but have failed, it may be time to seek legal counsel.  Texas law protects your rights as a grandparent, and you should attain an experienced family law attorney who knows how to litigate tough family cases in the courtroom.  Our legal team at The Gracia Law Firm, P.C. can advocate on your behalf.  We recognize that family is important to you, and that is why we are devoted to your case. 

The Gracia Law Firm, P.C. is dedicated to each and every client’s case, carefully developing legal strategies that will work in your most favorable outcome.  Contact one of our experienced attorneys to represent you in your case. 

Call 956-504-2211 to schedule a confidential consultation or fill out a free case review form at the bottom of the page.  We work with clients in the counties of Cameron, Hidalgo and Willacy. 

Overview of Grandparent Visitation Rights 

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Grounds to File for Grandparent Visitation Rights 

Tex. Fam. Code §153.433 states, “(a) The court may order reasonable possession of or access to a grandchild by a grandparent if:

(1)  at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated;

(2)  the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and

(3)  the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

(A)  has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B)  has been found by a court to be incompetent;

(C)  is dead; or

(D)  does not have actual or court-ordered possession of or access to the child.” 

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Process for Filing a Grandparents Visitation Rights Suit 

Usually, the court encourages an amicable resolution between the parent or custodian of the child and the grandparent.  However, if that is not possible, a grandparent seeking possession and access to a grandchild can file a suit for grandparent visitation rights. 

As stated by chapter 156, during an established order for visitation, a grandparent can opt to file for modification of a suit involving possession of and access to a child. 

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Factors in determining Visitation Rights 

Grandparents have the best chance at obtaining rights after parents and siblings, however a few determining factors could possibly affect the suit for grandparent visitation rights.  Tex. Fam. Code §153.434 determines that grandparents are not allowed to file for rights during the following circumstances: 

  • Each of the biological parents of the child has:
    • Died; 
    • Had their parental rights terminated; 
    • Relinquished their parents’ rights and the Department of Family and Protective Services or child-placing agency has custody of the child; and
    • The grandchild has been adopted or has an adoption suit pending. 

The court keeps in mind the best interest of the child.  Additional factors that may influence the court’s decision include: 

  • Family Violence (with the child or the child’s parents) 
  • Abuse or Neglect (with the child or the child’s parents)
  • Criminal Record 
  • Living Situation

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Additional Resources

Grandparent’s Page | Texas Attorney General – Texas is dedicated to aiding older people retain the rights as grandparents.  The Texas Attorney General’s page provides resources to grandparent seeking access, custody, or visitation for their grandkids.  You can visit resources within the page including a hotline available to Texas residents 60 years or older who wish to find more about grandparent visitation rights.    

AARP Foundation | Visitation Rights – The ARRP Foundation provides resources for the elderly in the United States.  The page gives general information for elder people who are grandparents and wish to have the right to visit their grandchildren. 

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Brownsville Grandparent Visitation Rights Attorney

Grandparent’s visitation rights can still be requested even if the parent of the child objects.  Texas law supports a grandparent’s right to access his or her grandchildren, even if it means having to fight aggressively in the courtroom.  Our attorneys at The Gracia Law Firm, P.C. will litigate for your visitation rights.

We will do everything in our power so that you can see you grandchildren again.  Our family law attorneys at The Gracia Law Firm, P.C. are dedicated to serving your legal needs.  We will assess your case completely and build a strong defense that fits your situation according.  We will not stop until we reach a court order in your favor. 

At The Gracia Law Firm, P.C. , we work with clients in the counties of Willacy, Hidalgo, and Cameron. Call our office at 956-504-2211 to schedule a confidential consultation.