Grandparents Rights In Texas

[nonnie]

I live in Texas. I have one daughter...divorced....and two grandchildren.
My daughter and I are not communicating at this time; it has been a year.
I have two grandchildren and I have been visiting them at their father's house. I was recently told by his girlfriend that I am not allowed to come there to see them as the father gets in trouble with my daughter. My grand daughter calls me from there and wants me to come and get them. After my visitation was refused my grand daughter called and we made arrangements for me to go to her school and have lunch with her. At lunch she told me that my daughter told her this was the last time that I could visit her school. I would like to know if grandparents have visitation rights in Texas. Thank you.

[Mr. Knowitall]

Texas statutes permit grandparents to seek visitation under the following circumstances:

The court shall order reasonable possession of or access to a grandchild by a grandparent if:

(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated;

(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered possession of or access to the child.

[tex08]

Grandparents have no presumptive rights of visitation. A grandparent has to overcome the presumption that the parent is acting in the childs best interest. Legally not an easy burden to overcome, but not impossible.

Bottom line is if the parent denies visitation, it will have to be resolved in court. Could easily get expensive and acrimonious and you still end up losing.

Alternatively, for the sake of your grandchildren, try to mend whatever bridges are between you and your daughter. That may be one of the better life lessons they can learn from you.