In ideal situations, grandparents are among the most important people in the lives of children. They can provide a child with love, kindness and knowledge that is priceless. However, family strife can result in a parent isolating a child from grandparents. Or, in some cases, a parent may not properly care for a child and grandparents decide they should have custody of the child. There are many tragic but real situations in which grandparents find themselves at odds with one or both parents of their grandchildren.
When A Parental Divorce is Occurring
If the parents are involved in a divorce, and grandparents believe they may be denied time with the grandchildren as a result of it, they may ask the court to give them “access” orders that set aside designated times for them to see the children.
Grandparents’ Rights to Custody
In the most difficult cases, grandparents may file suit to take custody of the grandchildren. Under Texas law, that is a very difficult task. A grandparent must prove to the court that the parents are incapable of properly providing for the child, that the child will suffer serious harm if left in the custody of the parents, and that giving custody of the child to the grandparent is the best possible option.
Details related to such suits can be found on our page “Grandparents – What Rights Do They Have.”