What Rights do Grandparents Have in Texas?

Houston Child Custody and Visitation Attorney Explains

Video Transcript: 

Duana Boswell-Loechel: 

So Texas really does limit grandparent rights. Texas is very much behind the parents' rights to make the decisions for their children.

Tom Mustin: 

What rights do grandparents have in the State of Texas? We're talking to attorney Duana Boswell-Loechel about that on today's episode of Ask the Lawyer. Duana, thank you for joining us.

Duana Boswell-Loechel: 

Thanks for having me.

Tom Mustin: 

So do grandparents have an absolute right to visitation of children in Texas? And can we first go over one situation if the child's parents are still married and the parents for whatever reason simply don't want the child interacting with the grandparents? Can they get visitation? And what if the reason is completely frivolous? Does that matter in this case?

Duana Boswell-Loechel: 

So Texas really does limit grandparent rights. Texas is very much behind the parents' rights to make the decisions for their children. And there's a presumption that the parents make decisions that are in the best interest of their children. So the parents aren't wanting the grandparents around. The courts are going to presume that they have a good reason for that. The grandparents would have to prove to the court that they've had significant contact with the children and that them not being involved in their lives would create a significant risk to their development in order to be granted any kind of visitation rights.

Tom Mustin: 

What if one of the parents is deceased? Can grandparents still apply for visitation against the surviving spouse?

Duana Boswell-Loechel: 

Yes, they can actually apply to the courts and ask to be granted what we call conservatorship in addition to the surviving parent. So it kind of opens the door up a little bit more for them to be in the child's life if one parent is deceased. But still, the courts are going to side with the surviving parents in their decision making. So once again, they're going to have to show the courts that there's going to be a significant impairment if they don't have that visitation.

Tom Mustin: 

What about if one of the parents is not deceased but is out of the picture, out of the kid's lives? Can grandparents apply for visitation in that regard too?

Duana Boswell-Loechel: 

If the grandparent has had significant contacts with that child, they can ask for possession and access. But it's very difficult for courts to go against the parent that involves wishes in whether or not that grandparent has the right to see the child.

Tom Mustin: 

What about if the child has been living with a grandparent for a long time and now the parent wants to take the child back? Can the grandparents apply for visitation because of the fact that the child has lived with them for so long?

Duana Boswell-Loechel: 

If the child has lived with them for at least six months not ending more than 90 days before they file any kind of a suit with the court, they can actually ask to be appointed as the managing conservators of the child, which that steps into a parental role instead of just visitation with the children. And so they would actually be a party to a custody suit in which they could get rights and duties to make decisions for the children as well as be the primary custodial parents acting as the parents in that situation if the court deems that they're the better choice and that's in the best interest of the child. So they could actually end up being the primary custodian for the children in a case like that.

Tom Mustin: 

All right, well thank you so much for joining us, Duana, and giving us your expertise as always.

Duana Boswell-Loechel: 

Thank you.

Tom Mustin: 

And that's going to do it for this episode of Ask the Lawyer. My guest has been Duana Boswell-Loechel. If you want to ask her about your situation, call the number you see on your screen. Thanks for watching. I'm Tom Mustin for Ask the Lawyers.

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