Grandparents in Texas who do not see their grandchildren, whether due to a family dispute or for other reasons, may be interested to learn how they can go about seeking visitation. Although grandparents are not considered to have a constitutional right to visit their grandchildren according to a U.S. Supreme Court decision, there are some scenarios where court ordered visitation is granted to the grandparents of a child.
If a child's parent or parents have restricted the time a grandparent is allowed to visit their grandchildren, the grandparent might be able to schedule a court hearing to seek visitation. In most cases, a judge will not hear a grandparent visitation case unless at least one of the child's parents is mentally ill, deceased, incarcerated or not living with the child. A grandparent will not be allowed to seek visitation if adoptive parents have already been granted custody of the child.