What are my rights as a grandparent to visit my grandchild if his parents take him away?
Under the Texas Family Code (Section 153.433), a grandparent has limited rights of access to grandchildren: • Your child must be the biological or adoptive parent of the child • A judge must find that the “best interest” of your grandchild will be met by granting your request for visitation. If the parents can prove that visitation would be harmful to the child, then the court may deny you access. • One of the following circumstances must exist: your child (the parent) is in jail, is incompetent or has died; the parents (if married) have been separated for three months or more; the parents are abusing the grandchild; a court has declared the grandchild to be delinquent or in need of supervision; your child’s parental rights have been terminated; or the grandchild has resided with you for six out of the last 24 months. Remember to consider what happens to your grandchild in the event of your death or incapacity. In the event of your death, it is important for you to have a will that pro