THSC Efforts to Restore Parental Rights
In 1995 the Texas legislature amended the Family Code to allow grandparents to sue parents, or others who had custody, for access to their grandchildren. This type of legislation has been adopted in virtually every state in the nation, driven by powerful senior citizen groups. The purpose was to allow a means to have access for grandparents who were being kept from their grandchildren. This change has had unintended consequences that are destroying Texas families and undermining the fundamental right of parents to direct the education and upbringing of their children. The law was amended again in 2005 to allow grandparents to sue for actual possession, in addition to mere access. The statute sets a lower standard of evidence required for access or possession than is required under other parts of the Family Code for custody. That must change!