Grandparent Rights

Grandparents in Texas do not have an automatic right to visitation or custody of their grandchildren. Texas courts presume that a fit parent acts in their child’s best interest and has the authority to decide who can see their child. However, under Chapter 153 of the Texas Family Code, grandparents can petition for court-ordered visitation or custody in specific circumstances.

Winning grandparent visitation or custody requires meeting strict legal standards. You must prove that denying access would significantly impair the child’s physical health or emotional well-being. This is a high burden, and courts do not grant these requests simply because a grandparent-grandchild relationship would benefit the child.

What Rights Do Grandparents Have Under Texas Law?

Texas law allows grandparents to seek two types of legal relief: visitation (called “possession and access”) and custody (called “conservatorship”). Neither is guaranteed. Every state has some form of grandparent access law, but Texas courts strongly favor parental rights after the U.S. Supreme Court’s decision in Troxel v. Granville (2000).

The Troxel case established that fit parents have a constitutional right to make decisions about who can see their children. Judges cannot simply order grandparent visitation because they believe it would benefit the child. Instead, grandparents must overcome the presumption that the parent’s decision to deny access is in the child’s best interest.

When Can a Grandparent Get Court-Ordered Visitation in Texas?

To receive court-ordered visitation over a parent’s objection, a grandparent must satisfy all three requirements under Section 153.433 of the Texas Family Code:

Requirement 1: At least one biological or adoptive parent must still have parental rights (not terminated).

Requirement 2: The grandparent must prove that denial of access would significantly impair the child’s physical health or emotional well-being. This is not about showing the child would benefit from visits. You must demonstrate actual harm from the denial.

Requirement 3: The grandparent must be a parent of one of the child’s parents, and that parent must have one of these situations apply: been incarcerated in the three months before filing, been found incompetent by a court, died, or lost actual or court-ordered possession of the child.

Meeting these requirements is difficult. Courts take parental rights seriously, and grandparents should expect to present substantial evidence of harm to the child.

How Can a Grandparent Get Custody of a Grandchild in Texas?

Grandparents do not have an automatic right to custody. To seek conservatorship, a grandparent must file a lawsuit called a Suit Affecting the Parent-Child Relationship (SAPCR). Before filing, you need to meet at least one of these prerequisites:

Parental consent: Both parents agree the child should live with the grandparents.

Abuse or neglect: The grandparent can prove the child is suffering abuse or neglect by the parents. This typically requires evidence such as CPS involvement or documented incidents.

Existing guardianship: A court has already appointed the grandparent as the child’s guardian.

Established residency: The child has lived with the grandparent for at least six months. During this time, the grandparent must have had actual care, control, and possession of the child.

Even when these prerequisites are met, the court’s decision ultimately rests on what serves the child’s best interest. Judges consider factors like the child’s emotional and physical needs, the stability each party can provide, and the child’s existing relationships.

What Does “Significantly Impair” Mean in Grandparent Rights Cases?

The phrase “significantly impair the child’s physical health or emotional well-being” is the key legal standard for grandparent visitation. Texas courts interpret this strictly. You cannot simply argue that the child would be happier with grandparent visits or that the relationship is valuable.

Evidence that may help establish significant impairment includes: documented emotional or behavioral problems since contact was denied, testimony from mental health professionals, the child’s existing bond with the grandparent (especially if the child lived with them previously), and evidence that the parent’s decision is motivated by spite rather than the child’s welfare.

Courts remain skeptical of grandparent claims, particularly when both parents object. A skilled family law attorney can help you understand whether your situation meets this demanding standard.

Take the first step toward resolution. Call us at (817) 203-2220 to speak with an experienced family lawyer.

What Is the Process for Filing a Grandparent Rights Case?

Grandparent rights cases proceed through Texas family courts. The basic steps include:

Filing the petition: You file a petition in the county where the child lives, requesting either visitation or custody. The petition must clearly state the legal grounds for your request.

Service of process: The child’s parents must be formally notified of the lawsuit. They have the right to respond and contest your claims.

Temporary orders: In urgent situations, you may request temporary orders that establish visitation or custody while the case is pending. Courts grant these only when immediate action is necessary to protect the child.

Discovery and evidence gathering: Both sides exchange information and evidence. This may include depositions, document requests, and expert evaluations.

Mediation: Many Texas courts require mediation before trial. This gives families a chance to reach an agreement without a contested hearing.

Trial or hearing: If no agreement is reached, the case goes before a judge. You will need to present evidence and testimony supporting your claims. Learn more about what to expect at family court hearings in Texas.

Can Grandparents Get Financial or Medical Support for a Grandchild?

If a grandparent is awarded custody or conservatorship, they can also obtain court orders for child support from the parents. The parents remain legally responsible for their child’s financial needs, even when someone else has custody.

Grandparents with custody can also be granted the right to make medical decisions for the child and consent to medical treatment. These rights must be specifically included in the court order establishing your custody arrangement.

What If There’s an Emergency Involving My Grandchild?

When a child faces immediate danger from abuse, neglect, or abandonment, grandparents may seek emergency custody orders. Texas courts can issue these orders on an expedited basis when waiting for a regular hearing would put the child at risk.

Emergency orders are temporary and typically last only until a full hearing can be held (usually within 14 days). You will need to present evidence of the immediate threat to the child’s safety.

Watch: What Happens When You’re Denied Child Visitation

Why Is Grandparent Rights Litigation So Difficult in Texas?

Texas law heavily favors parental rights. The U.S. Constitution and Texas Constitution both recognize that parents have a fundamental right to raise their children as they see fit. Courts presume that a parent’s decision about who can see their child is correct.

After the Troxel decision, Texas amended its grandparent rights statutes to align with constitutional requirements. The current law requires grandparents to meet multiple conditions and prove significant impairment, not merely that visits would be beneficial.

This legal framework means that even grandparents with close relationships with their grandchildren may face an uphill battle. Success often depends on strong evidence, experienced legal representation, and patience through a lengthy court process.

Frequently Asked Questions About Grandparent Rights in Texas

Can grandparents sue for visitation if both parents are alive and together?

Generally, no. Under Texas law, you must show that your adult child (the child’s parent) has been incarcerated, found incompetent, died, or lost possession of the child. If both parents are together and neither condition applies, courts typically will not grant visitation over their objection.

Do grandparents have more rights if the parents are divorcing?

Divorce alone does not automatically give grandparents more rights. However, divorce may create circumstances (such as one parent losing custody) that allow grandparents to pursue visitation. You would still need to meet all three statutory requirements.

How long does a grandparent rights case take in Texas?

Contested cases typically take 6 to 12 months or longer, depending on the court’s schedule and the complexity of the issues. Emergency matters can be addressed more quickly. Agreed orders can be finalized in weeks if all parties cooperate.

Can I get visitation if my grandchild has been adopted?

Usually, no. Adoption typically terminates grandparents’ legal rights to seek visitation. However, if a stepparent adopted the child and the other biological parent is your child (who has died or had their rights terminated), you may still have standing to request visitation.

What if my grandchild’s parent is in jail?

Incarceration of your adult child is one of the qualifying conditions under Texas law. If your son or daughter has been in jail during the three months before you file, you may meet the standing requirements to seek visitation.

Protect What Matters Most

Grandparent rights cases are among the most emotionally challenging family law matters. The law in Texas favors parents, but grandparents who meet the strict statutory requirements can pursue visitation or custody through the courts.

At Varghese Summersett, our family law team understands what you’re going through. We have helped grandparents throughout Texas fight for meaningful relationships with their grandchildren. Our attorneys can evaluate your situation, explain your realistic options, and guide you through every step of the legal process.

Call (817) 203-2220 today to discuss your grandparent rights case with an experienced Texas family lawyer.