Do grandparents have a right to child custody?

Grandparents who are interested in playing an active role in their grandchildren’s rights may wonder what happens in the event of a divorce. Do they still have a right to see their grandchildren? The answer will depend on a number of factors, including the state. Family law is a creature of state law, so which state the divorce is taking place in matters. This post will focus specifically on the issue of grandparent rights in Texas.

Like most things regarding child custody, the issue often comes down to the best interest of the child. If the grandparents can establish that time with them is in their grandchildren’s best interest, they are more likely to find success. Courts in Texas have the power to step in and grant visitation rights if the parents of the child or children are divorced.

Grandparents can also maximize time spent with their grandchildren by thinking outside the box. In some cases, you may be able to increase the time spent with the children by offering to help the parents in the raising of the children. This could include transporting the children to extracurricular activities or spending time with the children while the parent goes on a vacation or out with friends. Or plan a vacation with the grandchildren and the grandchild’s parents. The trip can result in memories that the grandchildren will cherish.

Navigating the roles that are available during and after a divorce may seem overwhelming. Grandparents have options. An attorney experienced in grandparents rights during divorce in Texas can review your situation and discuss these options to help provide peace of mind.


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Author: On behalf of Katie L. Lewis, P.C. Family Law

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