From time to time, we’re asked about grandparents’ rights in cases involving divorced parents and children. Some time ago, we detailed grandparents’ rights in a blog article, in which we emphasized, “While grandparents don’t have the same rights that parents do regarding the upbringing of a child, they do have rights in Texas.”
The article went on to say, “And, according to Section 153.433 of the Texas Family Code, the court will back grandparents who want access to their grandchildren in certain instances. Specifically, the law has provisions for the court to ‘order reasonable possession of or access to a grandchild by a grandparent.’”
While that article goes more into the rights that grandparents have, it’s good to know what mechanics are in place to do that.
As the Texas State Law Library notes, “To request visitation and access to a child through the court, a person may file a Suit Affecting the Parent-Child Relationship, commonly referred to as a SAPCR (pronounced “sap sir”). If a court order already exists regarding the child, then a request to modify the SAPCR order may be filed.”
Section 102.004 grants that grandparents or people with substantial past contact with a child can intervene in that child’s case. The In Re Nelke court case reinforced the idea that grandparents can seek the award of all rights and duties that the court finds to be in the best interest of the child.
Texas Access, in its article on visitation for grandparents, says, “The easiest way to visit with your grandchild is to establish or maintain positive relations with the child’s parents. Only one parent has to give permission, as long as you are visiting the child during that parent’s period of possession.”
It also notes, “Under some circumstances, grandparents can obtain a court order granting them the right to visit their grandchildren over the objection of parents.”
That’s what the previous article we published outlined; much of what figures into a judge’s decision to allow for that has to do with what’s in the best interest of the child. There are specific provisions in Section 153.433 of the Texas Family Code that are clear, but there’s one clause that is up for interpretation.
That clause is, “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.”
Remember, in this situation, both parents would have to decide to deny grandparents access to the children, and then the grandparents would have to seek a court order.
At the Law Office of Lisa A. Vance, we’d done this work before. In an initial consultation with grandparents seeking access, we find out more about the specific case — for each case is unique to the people in it.
From there, we can determine the best course of action, including the possibility of going to court and making the case for that client. It’s also possible that an alternative form of dispute resolution, like mediation, could be the best and most expedient route to go. The more we’re able to learn about a case at the outset, the better idea we can give as to how it might be resolved.