Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Texas, the law generally upholds the presumption that a child's parents are the best caretakers, and thus, parents are given significant deference in child custody matters. Grandparents may be awarded custody in certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparent visitation rights in Texas are not automatic; they are contingent upon specific conditions. For instance, grandparents may seek visitation if the child's parents are divorced, separated, have had their parental rights terminated, or if one or both parents are deceased. The grandparent must also show that the visitation is in the best interest of the child. Texas Family Code provides the legal framework for these matters, and any grandparent seeking custody or visitation rights would need to petition the court and demonstrate that the required conditions are met.
