Grandparents’ Rights
Grandparents do have the ability to attempt to gain certain rights regarding their grandchildren under the Texas Family Code in certain circumstances. Quite often, we encounter situations where one biological parent and sometimes both have difficulties in caring for their children. Sometimes alcohol, drugs, or neglect is involved. On other occasions, a biological parent has left one or more of their children with a grandparent, or Child Protective Services (CPS) has removed a child either permanently or temporarily from a parent due to domestic abuse, and the child is placed with its grandparents.
Texas Family Code Section 154.433 allows a grandparent to seek rights to possession (“visitation”) only of a child without requesting conservatorship or custody. Meanwhile, grandparents can also acquire the ability to request conservatorship, “custody,” under other sections of the Family Code. For example, under Section 102.004, a grandparent may seek custody of a grandchild either with the agreement of both parents, the surviving parent, or the individual who currently has managing conservatorship of the child OR if it is necessary to award the grandparent custody because the child’s present circumstances would “significantly impair the child’s physical health or emotional development.” In addition, under section 102.003 of the Family Code, any party, including grandparents, may be able to acquire the ability to request custody of a child if the party meets specific requirements, such as having had “actual care, control, and possession” of the child for a period of time.