GRANDPARENTS RIGHTS QUESTIONS AND ANSWERS

1. Can grandparents get court-ordered access and visitation with their grandchild?

   Yes. A biological or adoptive grandparent may request access to a grandchild, and the Court shall order reasonable access if all requirements of Texas Family Code Chapter 153.432-153,434 are met.

   

2. Can a grandparent ask for custody of their grandchild?

   Yes, a grandparent may request custody of a grandchild if they have had actual care, control, and possession of the child for not less than six months preceding the filing of their petition for custody (a suit affecting parent-child relationship) or if it can be shown that custody is necessary because the child's present environment presents a serious question concerning the child's physical health or welfare; or the parents, surviving parent, or the managing conservator files the petition or consents to the grandparents having custody. Again, as in the case of parents who seek custody, the Court will start with the "best interest of the child" test.

   

3. Where should a grandparent visitation right or grandparent custody suit be filed?

   First discover whether there has been any other court action with regards to the child pertaining to custody, visitation, or support. If so, then that Court will likely have "continuing jurisdiction". Meaning that any future actions brought pertaining to the child should be in that State, that County, that Court. If there has been no other court action pertaining to the child, then suit should be filed in the county where the child resides.