Recently, it has become more difficult for grandparents to be awarded rights to possession. Texas law typically awards access to a grandchild only if at least one biological or adoptive parent retains parental rights. A grandparent has to prove denial of grandparents’ access rights would “significantly impair the child’s physical health or emotional well-being” to be awarded conservatorship or possession and access. What are the differences between conservatorship and possession?
-Conservatorship: all rights and duties of a parent during periods of possession.
-Possession and access: visitation rights only without the full slate of rights and duties afforded to a parent conservator.
Furthermore, the grandparent requesting access must be the parent of: a deceased parent, an incarcerated parent, a parent found by the court to be incompetent, or a parent who, for some other reason, does not have “actual or court-ordered possession of or access to the child.”
Though this is a difficult process, contact me to learn more and have a free consultation.