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Can grandparents get their granddaughters once a week

Customer Question
My ex- daughter -in -law...
My ex- daughter -in -law is trying to keep my granddaughters from visiting me now that they are divorced. They are very close to me and are use to being with me all the time. All I would like right now is to be able to keep them on Wednesdays after school until after church ( 4:00 - 8:00 p.m.) I will have them bathed, feed, and ready for bed by about 8:15 p.m. My granddaughters are 6 years old and have been going to Wednesday night church since they were born. My son gets the girls from a Thursday afternoon until Monday morning and on the next week, he gets them on Thursday night and takes them to school on Friday morning. Not every weekend that my son has the girls do I get to see them because that is his time with his girls. Would it be possible to get them on Wednesdays for the 4 hours?
Submitted: 9 years ago.Category: Family Law
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5/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
Category: Family Law
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In Texas, grandparents do not have automatic rights to visitation. In Texas a grandparent can file for an order of visitation if they can establish standing. Below is the statute which shows what standing a grandparent needs to establish visitation. The grandparent also has the burden to prove that there is a relationship and bond between the grandparent and child that a visitation will be in the child's best interests. An attorney is recommended because these types of actions are complex to handle on your own. In the meantime, without a court order in place, the mother can control your access to the children.

Texas Grandparent Rights

Grandparent Rights to Visitation:

  • Visitation may be granted if the grandparent's child has been incarcerated in jail or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead;

  • If the parents are divorced or have been living apart for the three months period preceding the filing of the application or if a suit for dissolution of the marriage is pending;

  • If the child has been abused or neglected by a parent;

  • The child has been adjudicated to be a child in need of supervision or a delinquent;

  • The grandparent's child has had their parental rights terminated;

  • Or if the child has resided with the grandparent for at least six months in the twenty-four month period preceding the filing of the application.



Further review of the law here.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator
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Customer reply replied 9 years ago
What so you mean to establish standing?
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
By standing, I mean that you need to show that you have a "good cause" to request visitation. Again, the law says that before you can request visitation you need to show one of the following:

  • Visitation may be granted if the grandparent's child has been incarcerated in jail or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead;

  • If the parents are divorced or have been living apart for the three months period preceding the filing of the application or if a suit for dissolution of the marriage is pending;

  • If the child has been abused or neglected by a parent;

  • The child has been adjudicated to be a child in need of supervision or a delinquent;

  • The grandparent's child has had their parental rights terminated;

  • Or if the child has resided with the grandparent for at least six months in the twenty-four month period preceding the filing of the application.

If you can show one of these you can file for a visitation request (this establishes standing to come into court). Hope this makes sense.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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