Legal Question in Family Law in Texas

what are the circumstances for a grandparent to get visitation without a parents approval


Asked on 12/22/11, 10:14 am

2 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

If the grandparent's child is still in the picture (I.e., parenting the grandchild, rather than dead, in prison, etc.), then the grandparent does not have any rights at all to see the grandchild absent agreement of the parent. If the grandparent's child is not around to say yes or no, then there is a specific procedure in the Family Code to request a family court to allow access to the child.

The easiest way to think of it is that the grandparent's rights are only whatever they can get through their own child, because parental rights control. If their child will let them see their grandchild, great, but if they won't, that's their right as a parent, just like they get to say the grandchild goes to a certain school, can't have chocolate cake unless they eat their dinner first, and can't play with little Johnny down the street.

Read more
Answered on 12/22/11, 10:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas