In 2000, the U.S. Supreme Court issued an opinion in Troxel v. Granville,
530 U.S. 57 (2000) that has had some negative impact on the visitations rights of Grandparents. In, Troxel
, the Court held that a parent has a fundamental right to decide access to a child which has been deemed as the “fit parent” presumption. The Texas Family Code has provisions that state a Grand-parent can have possession and access to their grand-children in certain circumstances. Since Troxel
, the Texas Attorney General has issued an opinion (See Tex. Atty. Gen. Op. No. GA-0260 (2004)
) that Texas Family Code Statute pertaining to Grand-parent access could be unconstitutional because it fails to incorporate this “fit parent” presumption. In 2005, the grand-parent access statutes were amended to better conform with Troxel
and the Attorney General opinion in 2004. In any case, to avoid constitutional issues, the grand-parent should demonstrate to the court that the parent is not fit or a denial of access by a grandparent would impair the child's well-being.