THIRD PARTY RIGHTS
A grandparent has a “can see their grandchildren whenever”, unless the parent decides they don’t want them to have visitation. At that point, matters can get complicated. In Texas, a grandparent does not have a right to see their grandchild and may have to obtain a court order to do so. Call the Miers Law Firm and see what we can do for you to be able to see your grandchildren.
However, before the grandparents can petition the Courts, Texas law requires they have standing in order to do so. The Texas Family Code states that the court may order reasonable possession of or access to a grandchild by a grandparent if the following has occurred:
1. at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated;
2. the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and
3. the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:
A. has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;
B. has been found by a court to be incompetent;
C. is dead; or
D. does not have actual or court-ordered possession of or access to the child.