Divorce can be a difficult process for everyone involved. In addition to the spouses and their children, other family members may also be affected, including grandparents. Depending on the decisions made about child custody, grandparents may be concerned about whether they will be able to spend time with their grandchildren or whether a parent may take actions that could cause harm to family relationships. Fortunately, Texas law allows grandparents to request visitation with their grandchildren. By understanding how grandparents’ rights are affected by a divorce, families can determine their best options for maintaining important relationships.

The Importance of Grandparent-Grandchild Relationships

Research has shown that strong bonds with grandparents and other extended family members can greatly benefit children's social, emotional, and psychological well-being. Grandparents often play vital roles in supporting and nurturing their grandchildren. They can provide stability and love throughout challenging times. In recognition of the importance of grandparent-grandchild relationships, Texas law allows grandparents to request visitation with grandchildren under certain circumstances.

Texas Statutes on Grandparent Visitation

While grandparents are not automatically given the right to have a relationship with their grandchildren, they are allowed to request visitation on an ongoing basis. Texas Family Code Section 153.433 states that a family court judge may order visitation for grandparents if this would be in the best interests of the child. If a parent has refused to allow their child to spend time with the grandparents, the grandparents will need to demonstrate that the refusal would have a negative effect on the child’s physical or emotional health and well-being. 

Divorce can be difficult, not just for spouses who are ending their marriage but also for their children. It is important to remember that children are often caught in the middle of divorce proceedings, and they may struggle to cope with the changes they will be required to make in their lives. In these situations, they can experience a wide range of difficult emotions, such as confusion, sadness, anger, and even guilt. As you address the many legal and financial issues that will play a role in your divorce, and as you make adjustments to living situations, daily routines, and other parts of your life, it is crucial to prioritize your children's well-being and ensure that their needs are met. Here are some tips on how to focus on your children's needs during this difficult time:

1. Communicate Openly and Honestly

Effective communication is key when addressing your child's concerns during a divorce. Take the time to have open conversations with them about what is happening using age-appropriate language. Be honest without sharing unnecessary details or placing blame on either parent. Encourage questions from your child and provide reassurance that they will always be loved and supported.

2. Maintain Routines

Divorce disrupts the family dynamic, which can leave children feeling uncertain about what lies ahead. To alleviate some of these anxieties, try to maintain consistent routines as much as possible throughout the divorce process while letting children know what to expect. Following regular schedules for mealtimes, bedtimes, school activities, visits with friends or extended family members, and other daily activities can provide structure and stability in children’s lives and ease some of the stress and uncertainty they are experiencing.

When a person chooses to end their marriage and get a divorce, they will need to determine whether to pursue a contested or uncontested divorce. It is essential to understand the differences between the two. Depending on the approach taken during the divorce process, the outstanding issues in a case may be addressed in different ways. Those who are planning to get a divorce can ensure that they are prepared to handle their legal concerns by working with a skilled and experienced family law attorney.

Uncontested Divorce

In an uncontested divorce, both parties will agree on all issues that need to be addressed in order to dissolve their marriage legally. These issues may include, but are not necessarily limited to, child custody, property division, and spousal support. The parties will need to reach agreements on how all outstanding issues will be resolved, and their decisions will be set down in a divorce settlement agreement. This settlement will then be filed in court, and once a judge signs off on it, the couple's marriage will be terminated.

Even if a divorce is uncontested, this does not mean that a couple will not encounter conflict. During the process of negotiating a settlement, contentious disputes may arise, and a couple will need to determine how to work out their differences and reach agreements that will be acceptable to both parties. In some cases, couples may be able to negotiate a settlement with the assistance of their respective lawyers, while in others, they may use mediation to address their outstanding issues and work together to reach agreements.

After a divorce, a parent may believe that it is necessary for them to relocate to a different city, county, region, or state. A parent may choose to move for various reasons, such as to pursue job opportunities, to receive family support from loved ones in different areas, or simply to receive a fresh start after the end of their marriage. If you are a parent in Texas who wants to move with your child after getting divorced, it is essential to understand the legal requirements you will need to meet and the potential challenges that you may need to address.

Relocation by a Parent With the Exclusive Right to Determine Children’s Primary Residence

When child custody orders are created in Texas, one parent will usually be granted the exclusive right to determine where their children will have their primary residence. In cases involving sole legal custody (which is known as conservatorship in Texas), the parent with this exclusive right will usually be able to relocate with no restrictions. However, in cases where parents will share joint managing conservatorship, certain restrictions will apply to the locations that a parent will be able to relocate to. In many cases, these geographic restrictions will limit a parent to living in the county where they resided at the time of their divorce or other neighboring counties. If necessary, the court may choose to put other types of restrictions in place based on the unique circumstances of the case.

Modification of a Child Custody Order

A parent with the exclusive right to determine their children’s primary residence will generally be allowed to relocate at any time, as long as their new residence will be within the geographical area specified in their child custody order. However, if a parent plans to relocate outside of this area, they will need to seek a modification of the child custody order. 

No one should ever have to face domestic violence. There is never an excuse for assaulting one’s spouse. If you have experienced domestic violence in your marriage, divorce may be your best option. Violently abusive spouses rarely stop their behavior on their own. You will most likely need to exit the relationship in order to be safe from further violence. When you are divorcing an abusive spouse, there are some special considerations. Taking care of your emotional and physical needs is very important during this time. Meeting your legal needs and protecting your rights will likely take the skill of an attorney. Daniel R. Bacalis, P.C. is experienced in helping domestic violence survivors get divorced and takes special care to see that survivors are treated fairly throughout the process. 

Advice for Divorcing an Abusive Spouse 

Divorce can be especially challenging for those who were abused during the marriage. Some helpful tips include: 

• Communicate through lawyers only - Your spouse may attempt to contact you directly during the divorce. It is best to respond only by telling them to contact your attorney. Speaking with your spouse gives them the opportunity to try to persuade you to stay. Abusers often resist divorce and may promise to change or behave very kindly in an effort to convince you not to leave. 

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