In Texas, non-custodial grandparents do have rights under certain circumstances, but these rights are more limited compared to those of custodial grandparents.
Texas law allows grandparents to petition for visitation rights under specific circumstances. Non-custodial grandparents may petition the court for visitation if:
- The parents are divorced.
- A parent has died.
- The child has been abused or neglected by a parent.
- The parents are incarcerated, found incompetent, or deceased.
- The parents are unmarried and not living together.
However, it's essential to note that Texas courts generally prioritize the rights of the parents when it comes to decisions about their children. Grandparents seeking visitation rights must demonstrate to the court that granting visitation would be in the best interests of the child and would not significantly interfere with the parent-child relationship.
The burden of proof is typically on the grandparents to show that denial of visitation would harm the child's physical health or emotional well-being. Additionally, the court will consider various factors, including the relationship between the child and the grandparents, the reasons for seeking visitation, and any potential disruption to the parent-child relationship.
It's important for grandparents seeking visitation rights to consult with a family law attorney in San Antonio Texas who can provide guidance on the legal process and help navigate the complexities of grandparents' rights under Texas law.