Does a grandparent have the right to sue a parent for non-payment of child support?
In Texas, a grandparent does not have an inherent right to sue a parent for non-payment of child support. Texas does not have a set of grandparents rights laws in place and the state’s divorce and family code does not specifically provide for grandparents to file a lawsuit against a parent for non-payment. However, grandparents may still find legal recourse in certain cases. Texas courts often recognize the right of grandparents to intervene in proceedings involving the care of a grandchild, such as a suit for child custody or visitation. When a grandparent can show they have a “substantial relationship” with the grandchild, they may be able to file a petition for visitation rights. In addition, if the parent has duties or obligations to the grandchild, such as child support, grandparents may be able to file a petition with the court seeking to have those duties enforced. In some cases, a grandparent may be able to bring a lawsuit to recover unpaid child support. This requires evidence that the grandparent was providing care for the grandchild and that the parent responsible for paying child support is not fulfilling their financial obligations. Ultimately, each case is unique and grandparents should seek the guidance of an experienced attorney to evaluate their options.
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