Much like child custody cases, grandparents in the State of Texas have limited rights concerning access and involvement with grandchildren who are under a Guardianship if the grandparent is not the guardian of the Ward. However, recent laws in the State of Texas have been enacted that may provide a vehicle for grandparents to have access and visitation to the Ward.
Under the Texas Estates Code, any interested party may intervene in a Guardianship proceeding and be allowed to state the grounds for the intervention to the Court which guarantees a hearing and an audience before the Court in the guardianship case. A grandparent may wish to intervene to seek visitation under the newly enacted “Wards’ Bill of Rights” which may allow the Court to enter an order allowing the grandparents of the Ward access and visitation to the ward so long as it does not create a “substantial harm” to the Ward.
The guardianship law landscape is changing in the sense that it is allowing more rights and access to Wards and an opportunity for some family members who have been cut out of the Ward’s life to be able to have positive and healthy access to the Ward.
If you are a grandparent and/or family member who would like to see their family member who is under a Guardianship, contact the Yale Law at (940) 891-4800.