Grandparents Visitation Rights in Texas .pdf
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Understanding Grandparents Visitation
Rights in Texas
When it comes to child custody and visitation, parents are the central figure, but
grandparents and other non-parents also have a say in these matters. Every
jurisdiction in the US, for this reason, provides certain visitation rights to
grandparents. Grandparents visitation rights are not limited to grandparents, and
are the same for siblings and other family members. Though a family divorce
lawyer is the right source to get all the information about grandparents visitation
rights in Texas, there are a few basic details that separated couples or those who
have filed for a divorce need to know. The blog post gives an overview of these
rights. Take a look.
Every state has different statutory guidelines when it comes to granting visitation
rights to non-parents. These statutory guidelines are generally divided into two
Permissive Visitation Statutes
Permissive Visitation Statutes allow non-parents to visit the child, even if the
parents have divorced or are still married.
Restrictive Visitation Statutes
Non-parents, under the restrictive visitation statute, can visit the child only if the
parents are either dead or divorced.
Best Interests of the Child
The law grants a non-parent visitation rights or custody after considering the best
interest of the child. To evaluate the best interest of the child, the court considers
the following factors:
Child’s needs, emotional and physical health
Welfare and safety of the child
How well the non-parent can support the child
What the child wishes, if they are mature enough (old enough) to make
their own decisions
Bonding between the grandparent(s) and the child
Wishes of the grandparent(s) and the parent(s)
Tenure of relationship between the child and the grandparent(s)
Any record of emotional, physical, or sexual neglect or abuse by the
How the child is able to adjust to school, home, or community
Non-parents’ ability to contact the child and provide them love
In addition to evaluating what is in the best interest of the child, the court also
evaluates a number of basic conditions. The first of this condition is that the child
must need the guidance of non-parents to grow into healthy adults. Other basic
If there was any negligence or abuse of the child by the parents
If the child needs supervision
If one of the parents have been imprisoned
If one of the parents have deceased or are incompetent to support the
● If the child is in foster care
● If the parents adopted the child
Grandparents and other non-parents must be familiar with all the conditions and
rules related to child custody and visitation, to ensure they are able to exercise
their rights. Understanding grandparents visitation rights on your own may,
however, not be easy for everyone. That is why you need a family divorce lawyer,
who can give you an insight into the the law and help maintain your relationship
with your grand child. When hiring a family law attorney, whether in Dallas or
other place, make sure they are licensed and regularly appear in the family courts
of major counties.