In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Bexar Texas Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
State:
Multi-State
County:
Bexar
Control #:
US-01121BG
Format:
Word;
Rich Text
325 downloads
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FAQ
We are frequently asked what are grandparents rights when they have been denied access to their grandchildren. The sad truth is that grandparents do not have an automatic right to contact with their grandchildren.
In short, no, grandparents do not have a legal right to see their grandchildren in any of the 50 states. The law is built to protect parental rights above all else, and automatically granting grandparents visitation rights is seen as a violation of a parent's right to decide what's best for their child.
You do not have any legal rights to see your grandchildren. If contact has broken down and we are unable to negotiate a way forward, you will need to make an application for permission to make an application to see your grandchildren under a Court Order.
Can Grandparents Sue for Custody in Texas? Yes. Conservatorships are the most common scenario wherein a grandparent will petition a Texas court for custody rights. As a conservator, a grandparent would have the authority to make major decisions affecting the child.
Grandparents' rights generally apply to the custody of a grandchild and visitation privileges. Grandparents may file suit requesting custody if they believe it is in the child's best interest.
Summary. Access for grandparents to their grandchildren should initially be sought through agreement with the parents or carers of the child. However, where this cannot be agreed, the grandparent can seek the leave of the court, and if successful, apply for a child arrangements order to agree access.
Under the current family law, grandparents do not have the automatic right to see their grandchildren. Any contact the children have with their grandchildren would need to be agreed to by the parents.
As noted, the Texas Family Code does allow grandparents to seek visitation and custody (conservatorship) of their grandchildren, but the burden is on the grandparents to prove that it is in the child's best interest. In all honesty, this burden of proof is a very strict standard and difficult to overcome.
The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.