Legal Question in Family Law in Texas

as a paternal grandmother, do i have any legal rights to my grandson?


Asked on 3/19/10, 12:09 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The Family Code doesn�t grant generalized grandparent rights; the natural rights of a child�s parents have been more carefully protected since the 2000 Supreme Court case of Troxel vs. Granville.

However, section 102.004 of the Texas Family Code specifically addresses a grandparent�s standing to file an original suit or to intervene in an existing suit. He can file an original suit (seeking custody) if the child is in danger, or if both parents consent to it. He can intervene in an existing suit if there is evidence that appointing the parents as joint managing conservators would significantly impair the child�s physical health or emotional development.

Under ordinary circumstances, a grandparent doesn�t have the legal right to file an original petition in court asking for visitation with a grandchild.

The (general) answer to your question is "no."

Read more
Answered on 3/29/10, 9:20 am


Related Questions & Answers

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