You’re a Grandparent – What Rights Do You Have in Texas?

Winning custody of your grandchildren marks a new chapter in your family’s story. It’s a moment filled with emotions and responsibilities. As you step into this pivotal role, understanding “grandparent rights in Texas” is crucial for navigating the path ahead. This guide will equip you with essential steps and considerations, ensuring you’re prepared to provide the best care for your grandchildren. Let’s explore what you need to do next, keeping your rights and their well-being at the forefront.

Grandparent Rights in Texas

In most families, parents encourage close relationships between grandparents and grandchildren. They view grandparents as individuals deserving of respect and admiration. Grandparents impart valuable life lessons that strengthen family bonds, providing a loving and supportive space for sharing perspectives and advice. Regrettably, not all family dynamics mirror this ideal.

Some grandparents find themselves with all the willingness in the world to love their grandchildren. However, the parents will not allow it to occur. Maybe you found yourself in this type of sad and frustrating situation. Now, you’d like to know what your rights are as far as being able to spend time with your grandchildren.

The attorneys with the Law Office of Bryan Fagan, PLLC represent family law clients across southeast Texas. Among those clients are grandparents like yourself. If you have never attempted to navigate the courts system in Texas, or if you’ve never even thought about filing a lawsuit before, this blog post will highlight some pertinent laws in Texas when it comes to grandparent rights. With shifting family dynamics in our nation and in our state, grandparents’ impact on children have never been more important.

How to Pursue Custody of Your Grandchildren

In Texas family law, judges follow the “best interest of the child” standard for all child-related matters. They assess child support, living arrangements, and visitation schedules based on what’s best for the children. While some cases lead to straightforward decisions, others can be challenging.

But let’s set that aside for a moment. You’re a grandparent, and you’ve had experience raising children, giving you insight into what’s best for your grandchildren. Perhaps you’ve witnessed them facing mistreatment or being exposed to situations that jeopardize their well-being. In such a situation, you might have decided that pursuing custody of your grandchildren is necessary.

However, this is no straightforward task. Many of you reading this likely recognize the need to enlist a lawyer’s assistance to achieve your goal: gaining custody of your grandchildren. So, let’s discuss the objective of securing custody for your grandchildren.

The short answer is that winning custody of your grandchildren in Texas is possible. However, it’s not a straightforward process. The state’s laws strongly favor parents and presume that parents act in the best interests of their children, unless proven otherwise.

The facts and circumstances of your case need to be just right in order to have a better than fair chance to win custody. If you are not able to provide sufficient facts and evidence to a judge as to why you are a better candidate to provide continuous care for your grandchildren than are your grandbaby’s parents then you will not be able to succeed in your custody goal.

What Do You Need to Prove to a Judge in Order to Win Custody of Your Grandchildren

To win custody as a grandparent, you must prove that the children’s physical health or emotional well-being would be significantly harmed by remaining with their parent(s). Relying solely on feelings or assumptions won’t lead to success in court. Filing a case and talking to the judge without substantial evidence is unlikely to yield positive results.

You must demonstrate to the court that the current environment is severely detrimental to the children’s growth and development, necessitating an alternative living arrangement. For example, if the parents are openly abusing drugs or alcohol in the presence of the children, this could be grounds for a custody award to the grandparent.

Additionally, if one or both parents are leaving the children unsupervised for extended periods or physically abusing them, these circumstances may also support a grandparent’s case for custody.

You Won Custody of Your Grandchildren – What Should You Do Next?

If you proceed with a legal case and win custody of your grandchildren, congratulations. You’ve overcome the odds and in doing so have helped your grandchildren immensely. An important next step is to order certified copies of the court order that has named you as the primary conservator of the grandchildren. You will need this document to enroll the children in the school zoned to your home, find them a doctor to see and enroll them on your health insurance or in Medicaid.

If you have just read this last sentence and thought that you’re already been trying to do all those things on your own with great difficulty because you don’t have the rights and duties of a conservator, then you should definitely pursue a formal arrangement with the court that allows you to have the right to do these sorts of things for your grandchildren.

Questions on visitation of your grandchildren?

If you have questions about visitation with your grandchildren, you should read tomorrow’s blog post. Somewhat surprisingly, the requirements to gain court ordered visitation are different than custody. It is important to understand what you’re up against in that area as well.

The Law Office of Bryan Fagan, PLLC attorneys are available six days a week to speak with you about your family law situation. A consultation with one of our licensed family law attorneys is free of charge and can help you to set the course for achieving whatever desired outcomes you have in mind.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

  1. Grandparent rights in Texas: Visitation and Preparing for a case
  2. Custody and Visitation Rights of Grandparents in Texas
  3. Grandparents’ Rights in Texas
  4. Grandparent Visitation Rights in Texas?
  5. Grandparent Rights, Standing, and the Parental Presumption
  6. How Does Summertime Visitation Work for Divorced Parents in Texas?
  7. How does summer visitation work?
  8. 10 Quick Tips About Parental Visitation
  9. When Your Child’s Extended Family Wants Visitation in Texas
  10. Supervised Visitation in a Texas Divorce: Can it happen to me?
  11. Grandparents’ Rights in Child Custody Cases Texas: A Comprehensive Guide

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s important to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.

Our Divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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