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When can grandparents seek visitation of grandchildren in Texas?

For most grandparents, their grandchildren are a source of pride. These little ones are meant to be loved and spoiled by their grandparents. Sadly, some grandparents don't have that type of relationship with their grandchildren for various reasons. The grandparents might miss out on the grandchild's life and the grandchild might be deprived of a grandparent's love. For grandparents in Texas, there are certain rights that a grandparent has when it comes to their grandchildren.

When can a grandparent seek visitation through the court?

A grandparent might be able to seek visitation of their grandchild if the child's parents are divorced. If one of the child's parents is incarcerated, deceased or incompetent, the grandparents can seek visitation rights.

In cases of child abuse or neglect or if a parent's rights have been terminated, a grandparent might be able to secure visitation rights as long as the child hasn't been adopted. The same is true of a child that needs supervision or is considered a delinquent. If a grandchild has been adopted, the rights of the grandparents are voided.

Do I have any rights if my grandchild previously lived with me?

If your grandchild lived with you for at least six months of the 24 months prior to filing for visitation, you might be able to get visitation rights. Because Texas doesn't have statutory factors that a court can use to determine proper custody, it is imperative to know all applicable laws and how to apply them to your case. Getting answers to your questions along the way might help you decide how to pursue your right to see your grandchildren.

Source: FindLaw, "Summaries of State Law: Grandparent Visitation and Custody" Nov. 02, 2014

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