Texas Grandparents' Rights Lawyer
free consultation
How Divorce Impacts Grandparents
Many people cherish the time they spent with their grandparents. Whether it’s being lovingly spoiled, learning practical life skills, or having a trusted adult to talk to outside of their parents, the grandparent-grandchild relationship can be deeply meaningful. It’s a special bond that often plays an important and lasting role in a child’s life.
In most cases, a divorce does not interfere with a grandparent’s ability to see their grandchild. However, there are instances where that relationship can be disrupted. In these situations, grandparents may consider seeking legal visitation, or, in more serious cases, custody.
According to the U.S. Supreme Court, grandparents do not have a constitutional right to their grandchildren. That’s because parents reserve the right to decide what’s best for their children, including who they allow in their lives. If a parent denies someone access, the law generally supports that decision.
Still, there are exceptions. In limited and specific circumstances, grandparents may be able to petition the court for visitation or custody. In these cases, the court will determine whether it is in the child’s best interests to live with their grandparents and whether they can provide a stable, supportive environment.
Understanding Grandparent Custody Rights
Generally, Texas courts will consider hearing a grandparent’s case if one or more of the following apply:
- The child’s parents are incarcerated or deemed unfit
- The child has been abused or neglected
- The child has been orphaned
- The parent-child relationship has been legally terminated
Grandparents may also pursue custody if they’ve cared for the child in their home for at least six months, or if the parents are unable to provide a secure environment. In these cases, grandparents may also seek child support from both of the child’s parents. However, once a third party adopts a child, grandparents lose the right to sue for visitation or custody, because the child is now legally part of a different family.
If you’re a grandparent who has been denied contact with your grandchildren and believe your involvement is essential to their well-being, you may have legal options. Our attorneys have years of experience handling family conflicts and helping grandparents understand their custodial rights. Contact us today to discuss your case.
