Some of our clients want to know if grandparents have any rights in Texas. Do grandparents have legal rights to see their grandchildren just because it’s their grandchildren and they want to see them? The answer is barely.
This area of the law is very narrow. Prior to recent law changes, the fact that you were a grandparent and you had that grandparent-grandchild relationship alone, allowed you to file a petition to get access to your grandchild. Now the law has changed dramatically, and unless the parents are really a wreck it’s difficult to have those rights.
If the parents are functional, fit parents, the Supreme Court has decided that those parents have a right to cut out the grandparents if they want to. Therefore, if I don’t like my parents and I don’t want them to have access to my kids I have the right to cut them out. Now let’s change the facts. If the parents are not fit, for example they are using drugs, or the parents are abusing the children, or the parents are neglecting the children, then the grandparents do have a right not only to get access to the grandchildren but perhaps to raise them, because the parents, at that time, are not fit to do so.