In Texas, family dynamics can become complicated following divorce, separation, or the death of a parent. In such cases, grandparents often worry about losing access to their grandchildren.
Unfortunately, Texas law does not grant grandparents automatic visitation rights. However, under certain conditions, a court may intervene and grant access if it determines that doing so is in the best interest of the child.
At The Loftin Firm, we help families across Weatherford and surrounding Texas communities understand and assert their legal rights—whether you’re a grandparent seeking visitation or a parent responding to a legal petition.
When Can Grandparents Request Visitation?
Texas Family Code Section 153.432 permits grandparents to seek court-ordered visitation with their grandchildren, provided they meet specific legal requirements. However, courts presume that a fit parent acts in the best interests of their child, so overriding a parent’s decision requires clear justification.
When a parent denies a grandparent access to their grandchild, a court may nevertheless order that the grandparent should have access to the child in all of the following conditions are met:
- At least one biological or adoptive parent retains legal parental rights to the child;
- The grandparent demonstrates that denying visitation would substantially harm the child’s physical health or emotional development; and
- The child’s parent is either (1) incarcerated, (2) incompetent, (3) dead, or (4) does not have possession of or access to the child.
Burden of Proof: Protecting Parental Rights
Texas courts operate under a strong presumption in favor of parental authority. This means that grandparents must present clear and convincing evidence that denying visitation would cause harm to the child. It is not enough to show that a child would simply benefit from a relationship with their grandparents.
Courts are cautious not to undermine parental decisions unless there is evidence of demonstrable harm. Whether you’re seeking visitation or defending against such a claim, legal representation is crucial.
Legal Process: Petitioning for Visitation
To pursue visitation rights, a grandparent must file a petition in the district court where the child resides. This petition is commonly referred to as a Suit Affecting the Child-Parent Relationship (SAPCR).
The petition must:
- Clearly outline the relationship between the child and the grandparent;
- Establish that the statutory requirements under Texas law (discussed above) are met; and
- Provide supporting evidence or documentation demonstrating harm if visitation is denied.
Courts may order mediation or hearings to evaluate whether grandparent visitation serves the child’s best interests.
Visitation vs Custody: Key Differences for Grandparents in Texas
While both custody and visitation allow grandparents a role in a child’s life, they differ significantly in legal rights and responsibilities. The table below outlines the key distinctions under Texas law.
| Aspect | Visitation | Custody |
|---|---|---|
| Definition | Legal right to spend time with a grandchild under court-approved conditions | Legal authority to make decisions about the child’s upbringing, including residence and care |
| Purpose | Maintain a relationship with the child | Take over the primary caregiving role when parents are unavailable or unfit |
| When Available | When there is evidence that denying visitation may harm the child’s well-being, and the child’s parent is incarcerated, incompetent, dead, or does not have possession of or access to the child | In cases involving abuse, neglect, abandonment, or death of both parents |
| Legal Standard | Must prove denial would significantly impair the child’s physical or emotional health and meet other statutory requirements | Must prove both parents are deceased or unfit; higher burden of proof required |
| Court’s Preference | Supports parent’s decision unless proven harmful | Prefers placing a child with a fit parent or guardian over a grandparent |
Read Also: Need Help with a Custody Dispute?
Contact The Loftin Firm for Grandparents’ Rights Representation
If you’re facing challenges with grandparent visitation in Texas, The Loftin Firm is here to help. We understand how emotionally difficult it can be to seek visitation or custody of a grandchild, especially when family dynamics are strained.
Contact The Loftin Firm online or call at (817) 441-8933 to schedule your free, no-obligation consultation.
Effective Advocacy for Clients Across Parker County, Texas, Including Weatherford,
Willow Park, Aledo, and Annetta, and Throughout Fort Worth