Grand Parent Visitation

    Texas law provides in the family code for grandparent visitation.  The relevant portion states:

§ 153.433. Possession of and Access to Grandchild

     The court shall order reasonable possession or or access to a grandchild by a grandparent if:
     (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; and
     (2)the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being , and   
    (3)  the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:
    (A)  has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;
    (B) has been found by a court to be incompetent;
    (C)  is dead; or
    (D) does not have actual or court ordered possession of or access to the child.
   

     Each case must be reviewed on its own merits as to the probable success of achieving court ordered visitation.  Obviously, the best situation would be to foster a relationship with you and your child which would allow you access during your child's access period.  This is not always possible, particularly in the event of illicit drug usage.