What are grandparents' rights?

In Texas, grandparents’ rights involve the right to seek visitation and access to their grandchildren (sometimes called grandparent visitation). Although this right exists in Texas, the relationship between grandparents and grandchildren is not automatically assumed and can be complicated. Typically, a court will grant visitation rights to grandparents if it is in the best interests of the child. For example, if there is evidence showing that a grandparent is playing an important role in the grandchild’s life, the court may be likely to grant visitation rights. Grandparents can seek visitation rights through a court proceeding. This involves filing a petition for visitation in the court, and the court will consider the best interests of the child in deciding the case. If the court denies the petition, the grandparent may appeal the decision. Grandparents may also have the right to receive notice if the grandchild is being put up for adoption. In this situation, the court must provide notice to the grandparents and consider their opinion before making a decision. Grandparents must remember that the relationship between them and their grandchildren is ultimately determined by the parents, and not the court. A grandparent’s rights are dependent on the rights of the child’s parents, and the court will usually not go against the wishes of the parent unless it is determined to be in the best interest of the child.

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