This page details the laws governing Grandparents’ Rights under the Texas courts. Please call and speak with Kevin Sralla, a San Antonio family lawyer, we can also set up a free consultation to discuss your situation in person.
Over the past decade, it has become increasingly more challenging to secure grandparents’ rights to possession and access to grandchildren in Texas. Under Texas law, a court may award grandparents “reasonable possession or access to” a grandchild only if at least one biological or adoptive parent retains parental rights. Changes over the past decade to this area of the law require that both parents, the surviving parent of the managing conservator of the must consent to the suit or else the grandparent will be forced to “overcome the presumption” that the parent blocking grandparent access is acting in the child’s best interest. This means that the grandparent must demonstrate to the Court that denial of grandparents’ access rights would “significantly impair the child’s physical health or emotional well-being.”
The suit for grandparents’ rights may seek actual conservatorship of a grandchild, or mere possession and access (visitation) with the grandchild. On the one hand, where conservatorship is sought, the grandparent is seeking to be awarded all rights and duties of a parent during periods of possession. While, a suit for mere possession and access seeks visitation rights only without the full slate of rights and duties afforded to a parent conservator.
There are other hurdles in the way of a grandparent receiving access to a grandchild. 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.”
A grandparent is restricted from seeking access rights where both biological parents are dead or have had parental rights terminated. Finally, a grandparent may not be awarded access if the grandchild has been adopted by other someone than a step-parent, or if both parents have executed affidavits designating another person or an agency as “managing conservator” of the child.
At Sralla Law Offices, we have more than a decade of experience in defending and petitioning for grandparents’ rights. Contact Kevin “Buck” Sralla, an experienced family law attorney, today for a free consultation regarding grandparents possession and access rights.
Kevin “Buck” Sralla
Welcome, I am Kevin “Buck” Sralla, an experienced family law attorney in San Antonio, TX. I am licensed to practice in Texas state courts and skilled at advocating for my clients’ rights whether the setting be in a courtroom before a judge or jury or an informal mediation or settlement negotiation process.