What Are a Grandparent's Right in Texas?


Quick Answer

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.

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Full Answer

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.

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