Grandparents' rights are fairly limited in the state of Texas. Texas follows the ruling of the U.S. Supreme Court, which protects parents' rights above all others, unless the health and well-being of the child are endangered, according to TexaLawHelp.org.Continue Reading
Grandparents do not have a constitutional right to visitation or access with their grandchild, according to FindLaw. If a child is in a stable home and is being cared for, a court cannot make a ruling requiring parents to allow access to the child. If the child is in an unstable environment, there are still many hurdles to clear before a court allows possession by the grandparents. The three most effective resolutions to those hurdles would be both parents signing over guardianship, a court-appointed conservator speaking on the grandparent's behalf stating it is in the child's best interest to live with the grandparent, or being able to prove without a doubt that the child's current living situation is harmful to him.
These extenuating circumstances could lead to a judge deciding the child is better off living with the grandparent. In the majority of cases, if a grandparent wants to sue simply because she doesn't think she gets to see her grandchild enough, a court does not take the case and leaves it up to the parents and grandparents to work out, reports FindLaw.Learn more about Child Support & Custody