When many people think of child custody disputes, they most often think of issues that arise between the parents of the child. However, grandparents also have rights in Texas, and there are times when they may pursue child custody or visitation. Still, the courts in Texas will always prioritize parental rights over grandparents’ rights. Regardless of one’s relationship to the child, the courts will only consider the child’s best interests when making decisions regarding custody and visitation.

If you are in a dispute with your grandchild’s parents or there is another issue, you need legal help. Below, one of our McKinney child custody lawyers explains more about your rights and the legal standards in these cases.

Grandparents’ Rights to Custody and Visitation in Texas

While the law in Texas provides grandparents with certain rights, those rights are not absolute. In cases involving grandparents’ rights, the courts always presume that fit parents act in a manner that protects their child’s best interests. Due to this, parental rights are given preference. However, when grandparents believe their grandchild’s safety is at risk, they can ask the courts to intervene.

In some circumstances, grandparents can ask the court to grant them visitation rights if the parents have denied them access to the child. Grandparents’ visitation rights strive to ensure that the child and grandparents maintain a strong relationship despite any conflicts in the family.

In more extreme cases, grandparents can pursue custody of their grandchild if the parents are deemed unfit and cannot provide proper care for the child. These cases require strong evidence that shows the child’s well-being, safety, or stability is at risk in their current home environment.

When Can Grandparents Pursue Visitation Rights?

In certain circumstances, grandparents may have certain rights to visitation. The Texas Family Code outlines the specific requirements. These include:

• One or both parents have denied reasonable access to the child
• One of the child’s parents is deceased, incarcerated, or has been deemed incompetent
• The child’s parents are separated or divorced and do not live together
• The courts have terminated the parental rights of one parent
• The child has lived with the grandparents for a minimum of six months prior to the custody case

Even when a grandparent fulfills the above requirements, they still present clear and convincing evidence to the court that visitation is in the best interests of the child. When making a decision on the matter, the courts will consider the relationship between the child and the grandparent, any objections from either parent, and the child’s emotional well-being.

When Can Grandparents Pursue Custody Rights?

When a grandparent is granted visitation rights, they will have limited access to the child. It is much harder for grandparents to obtain custody rights. Grandparents pursuing custody must show that the parents are unfit or that the child’s physical or emotional well-being would be in jeopardy if they remained with either parent. The most common cases involve:

• Unfit parents: If a parent is involved in domestic violence, neglect, or substance abuse, a grandparent may pursue custody to protect the child.
• Voluntary relinquishment: If the parents voluntarily leave the child in the grandparents’ care for an extended period of time, the court will consider that when making custody decisions.
• Primary caregiver of the child: If the grandparents have been the primary caregiver of the child for at least six months, this may give them standing to pursue custody.

Legal Standards in Child Custody Cases

Although grandparents do have certain custody rights, there are significant legal standards they must meet to obtain a favorable outcome. These include:

• Parental rights: Due to the fact that the courts presume that parents act in the best interests of their child, grandparents must present strong evidence to refute this presumption.
• Standing: When grandparents pursue custody, they file a lawsuit against the parents. As with any lawsuit, grandparents must have standing and show that they meet at least one of the conditions outlined under the law.
• The child’s best interests: As in all custody cases, the courts will only consider what is in the child’s best interests.

The above legal standards can make it difficult for grandparents to prove their case. A McKinney child custody lawyer can advise on the evidence that can strengthen your case.

How Do Grandparents’ Rights Impact Custody Cases?

When grandparents become involved in child custody matters, it can have a significant impact on the outcome. There are many ways grandparents’ rights can intersect with custody cases. They are as follows:

• Involvement in current cases: Grandparents may provide additional insights, present further evidence, and provide a perspective that helps the court with their decision.
• Temporary custody: Grandparents can sometimes be awarded temporary custody as the parents resolve issues such as financial instability or substance abuse.
• Permanent custody: If the parents are deemed unfit by the court or there is reason to believe the child’s well-being would be harmed by staying with them, the courts may award grandparents custody.

What Challenges Do Grandparents Face in Custody Matters?

Just as anyone else going through custody disputes, grandparents face many challenges in these cases. It is very difficult to prove that parents are unfit and requires extensive witness testimony, documentation, and professional evaluations. Custody disputes also create emotional stress within the family unit and can place a strain on all relationships.

Lastly, pursuing custody can incur attorney fees, court costs, and other expenses. These can pose their own challenges for grandparents, particularly for older individuals who are on fixed incomes.

Our Child Custody Lawyer in McKinney Can Protect Your Rights

As a grandparent in Texas, you do have certain rights. Unfortunately, ensuring that they are protected is not always easy. At The Draper Law Firm, PC, our McKinney child custody lawyer can help. Our experienced attorney can review the facts of your situation, advise on the evidence that will strengthen your case, and help you obtain the most favorable outcome. Call us now at 469-840-3580 or contact us online to schedule a consultation with one of our attorneys and to learn more about how we can help.