A Texas Grandparent’s Child Custody Rights


In ordinary situations following a divorce, an issue about the visitation of grandchildren by grandparents seldom arises. Even after divorce, the parents and grandparents often try and work together to establish meaningful family bonds where the grandparents remain a part of the grandchildren’s lives. Unfortunately, there are situations that sometimes arise that can limit or prevent grandparent visitation.

If there is an issue regarding the continuing relationship between the grandchildren and the grandparents, it often comes up where there is a conflict between a grandparent and the parent of the child from the other side of the family. Sometimes, there might even be a conflict between the grandparent and their own adult child. Regardless of the nature of the conflict, grandparents in Texas can always continue to have visitation contact with the grandchildren, as long as one parent consents.

Often times in situations where there is a stalemate, grandparents of grandchildren suffering from the turmoil of divorce wish to intervene for custody or visitation rights. As is always the case in resolving child custody issues, the court will focus on what is in the best interests of the child. If the grandchild has not been adopted or the adult son or daughter’s parental rights have not been terminated, it is possible for a grandparent to seek visitation rights from the court.

In order to prevail upon the court, a grandparent seeking visitation must show that the parental rights of one parent have not been terminated, and the request for visitation is in the best interests of the child. Some other circumstances that can serve to justify grandparents’ access to their grandchildren include the following:

  • The grandparent’s son or daughter has been incarcerated
  • The grandparent’s son or daughter is legally incompetent or deceased
  • The grandparent’s son or daughter had their parental rights terminated
  • The grandchild or grandchildren have been abused or neglected
  • The grandchild or grandchildren have lived with you for six months out of the last two years
  • The grandchild or grandchildren have been found to be a delinquent or in need of supervision

Just as in most legal cases, there are legal difficulties involved with establishing grandparents’ rights to access or visitation and it is in your best interest to seek the advice of a family law attorney who is experienced in making compelling arguments in your behalf.

Allan R. Manka is an attorney in San Antonio, who has dedicated his entire practice to assisting clients with family law matters. For nearly 40 years he has practiced law in Bexar County, where he is well respected for his knowledge of the law by the judiciary and his peers. In addition to representing clients in Bexar County, Mr. Manka has helped clients throughout the state, including the surrounding areas of Pleasanton, Jourdanton, Hondo, Boerne, New Braunfels and those serving at Lackland Air Force Base, Randolph Air Force Base.

Our attorneys and experienced staff look forward to keeping you advised of developments in your case every step of the way.

Please contact us at (210) 807-8629 or (866) 621-7085 toll free to schedule your confidential, no obligation consultation.

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