Can a Son Give Visitation Rights to His Mom

My question involves a child custody case from the State of: Texas
My son is willing to give up his son (who lived with me for a year), to my grandsons mother (who has sole custody). In which, she will never let me see him again. Can my son sign his rights over to me? And still continue paying child support (I will pay)? Or can or how will this work? Don't get me wrong I am in total disagreement for him giving his son up! However, he is dead set and I don't want to lose my grandchild. If he did give him up, it would mean that I'd have to file for Grandparents rights, in which it's not a guaranteed thing. And I don't have the money to do that. What are my options?

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Quoting motherboo

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My question involves a child custody case from the State of: Texas
My son is willing to give up his son (who lived with me for a year), to my grandsons mother (who has sole custody).

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He can choose not to seek visitation, or to not make use of any visitation that may already be awarded. But only a court can SEVER his rights and responsibilities regarding the child. Parents can't simply "give up" all linkage to their children without court intervention.

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In which, she will never let me see him again. Can my son sign his rights over to me?

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No. Children can't be transferred like chattel or property.

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And still continue paying child support (I will pay)?

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You can certainly try to "sweet talk" the father into exercising his visitation, and making that time available to you. Offering to pay his child support for him might grease the wheels and make him more willing to consider it. But if dad isn't keen on the idea, then you may be sunk.

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If he did give him up, it would mean that I'd have to file for Grandparents rights, in which it's not a guaranteed thing.

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It's very FAR from a guaranteed thing in TX, where, a requesting grandparent only has standing to request visitation under very narrow conditions, which don't exist in this case from what I see; being, when one of the parents is deceased, incarcerated, or has lost their access to the child due to a court's order, such as having parental rights terminated for cause, being found incompetent, etc. In other words, Texas law is all about the parents providing their own parents with access to the grandchildren. If dad has legal access to the child, then using or sharing that access with other family members is up to dad.

Transferred like property? He lived with me for a year without any help or visitation from his parents. When she took him back, I had my sons visitation, but now he wants to give him up so she will drop back child support. I told him the state might not drop it even if he gives up his rights. He will not step up and be a dad. But I can NOT stand the thought of losing my grandson! We have a different connection due to him living with me............... my friend ran into him and his mother, and my 3 1/2 yr old grandson asked where was I and said mommy won't let me, with his head down! They're playing with his head!

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I told him the state might not drop it even if he gives up his rights.

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You clearly did not pay attention to what Catherine said.

He CANNOT "give up his rights". The court has to terminate them, and the court simply will not do that simply because Daddio doesn't want to pay child support. It's not happening. He will still be required to pay child support, regardless of whether he wants to exercise his visitation.

If he's not willing to man up and be a real father and bring the child for visits during his parenting time, there's nothing you can do to see the child outside of making super sweet with his ex and trying to get her to allow you to come over and visit.

If you make yourself her ally, you might find yourself pleasantly surprised.

I hope you're right. I believe that too, but they're talking and the ex is agreeing and it's got me thinking. I tried being super super nice to her, Gifts, money to help out, everything, but now she has a new bf and is having another baby. And for some reason the new boyfriend doesn't like me. i don't interfere or anything.. i walk on eggshells all the time trying to do whatever they want, so I can still see my grandson. It's just tough. I am totally disappointed in my son. We see it all the time. He got a new girlfriend with a child and they had one together and plan on getting married and they don't want my grandson in the pic. UGH....