Call: (817) 336-4444
Published: October 11, 2023
Updated: February 11, 2025
Table of contents:
A recent study by the Pew Research Center revealed that more American grandparents are taking care of their grandchildren than ever before. Today, over 7 million children under the age of 18 live with at least one grandparent, which is up from the 5.8 million recorded by the US Census Bureau in 2000. In addition, Pew Research says about 37 percent of those children receive the majority of their care from a grandparent.
Unfortunately, some grandparents feel they don’t get to see their grandchildren as much as they would like—this is often the case when the child’s parents don’t live together. A simple conversation between the grandparent and their grandchild’s parent may be all it takes to yield an acceptable child visitation arrangement—but that isn’t always the case.
When the custodial parent or managing conservator refuses visitation, do grandparents have legal rights to see their grandchildren? What are grandparents’ rights according to Texas law? Does Texas support grandparents’ visitation rights? It depends.
Grandparents do not have any defined legal rights regarding visitation or custody of grandchildren in Texas. In order to file a lawsuit to gain custody or modify an existing custody order, the grandparent must first show they have “standing” to file suit (the right to file), as defined by Texas Family Code Section 102.003.
For example, subsection (a) (9) of the statute states, “a person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition,” may have standing to file suit.
Grandparents may not have any defined rights in Texas but they do have legal recourse under certain circumstances. If the grandparent can show they have a legal standing to file a suit affecting the child’s conservatorship or request visitation, and they meet other conditions required by the court (best interest of the child, denying access would significantly harm the child, among others) they may be able to gain visitation or become a child’s guardian in Texas.
Most legal scholars would agree that a grandparent is considered an immediate family member in Texas (and other states). In cases where a child has no surviving parent, the court may appoint an immediate family member as managing conservator—namely a parent or sibling of the child’s deceased parent—at its discretion (Texas Family Code Sec. 153.431).
However, that doesn’t mean grandparents (or siblings) automatically have a legal right to file a lawsuit and sue for custody or ask the court to grant visitation rights to a child in Texas. They must still prove they have standing to file a lawsuit per Texas Family Code Section 102.003.
Grandparents law in Texas is laid out in Sections 153.432-153.434 of Subchapter H of Chapter 153 of the Texas Family Code.
The statutes in this section pertaining to grandparent rights in Texas explain when a grandparent has the right to petition the court for access and visitation time with a grandchild, as well as child custody (known as conservatorship in Texas). These statutes don’t guarantee grandparents rights in Texas or that a grandparent will receive custody or visitation; they merely give grandparents the right to make the request.
So, do grandparents have rights in Texas? Yes, but there are no guarantees.
In general, what legal rights do grandparents have? In Texas, the state limits the circumstances under which grandparents can request more visitation rights regarding grandchildren. That’s because the state presumes it is in the best interest of the child to preserve the parent child relationship, and it generally honors a parents rights to make decisions regarding a child’s health and welfare.
However, Texas legal statutes (Sec. 153.433) stipulate that the court may order reasonable possession of or access to a grandchild by a grandparent if the court determines:
Texas child custody and grandparent’s rights laws also clarify when grandparents do NOT have the right to seek possession of or visitation with a grandchild. For example, when it comes to grandparents rights Texas, a grandparent does not have the right to request visitation with a grandchild if the child’s biological parents have had their parental rights terminated or relinquished their parental rights through the court system.
It’s tough to witness a grandchild struggling due to neglect or abuse because they’re not being cared for by a loving and fit parent. If you believe you have standing as a grandparent to file a lawsuit for grandparent possession or access (see above) and are concerned that the child’s present circumstances are dire, your best first step is to seek legal advice.
An attorney specializing in grandparent’s rights can help you as a biological or adoptive grandparent make a request for possession or access to your grandchild by filing either:
You will also need to include an affidavit with your request that includes evidence and supporting facts that prove that denial of possession or access to the grandparent would cause significant physical or emotional harm to the child. The evidence in the affidavit must show that the grandparent has overcome the presumption that staying in the possession of their parent or parents is in the best interest of the child.
Getting legal visitation and custody of grandchildren in Texas isn’t easy and timing is critical. We often tell our prospective clients inquiring about grandparent possession and access or conservatorship that it is one of the hardest causes of action to win in family law—second only to termination of parental rights.
As noted, the Texas Family Code pertaining to TX grandparents rights does allow grandparents to seek visitation and custody (conservatorship) of their grandchildren, but the burden is on the grandparents to prove that it is in the child’s best interest and denial of such possession and access would significantly harm the physical health or emotional wellbeing of the child. In all honesty, this burden of proof is a very strict standard and difficult to overcome when it comes to grandparents rights in Texas.
In order to assert grandfather or grandmother rights in Texas, the court requires that grandparents provide physical evidence proving the child is endangered at the time of filing. If the parent is incarcerated, abuses drugs or alcohol, is abusive to the child or endangers them in some other way—and the grandparent can provide evidence of this—they may have a case.
Again, timing is critical. If you want to assert your grandparents rights in Texas because you believe your grandchild’s physical health or emotional wellbeing is in danger, call an attorney right away. Waiting could compromise your ability to gain access to or possession of the child in a Texas grandparent rights case.
If you have questions about the rights of a grandparent in Texas, there are resources available to you. While the Texas State Attorney General’s Office does offer support for grandparents interested in pursuing Texas grandparents rights, our law office strongly encourages grandparents to seek advice from a lawyer for grandparent’s rights in Texas.
An experienced grandparents’ rights attorney in Texas can answer questions like, “When do grandparents have rights to see their grandchildren?” and make sure that relevant paperwork is filled out properly and filed on time.
He or she can also help grandparents resolve disputes by compiling and presenting the evidence a Texas court needs to determine that possession of or visitation with a grandchild is in the best interest of the child. They can also help ensure legal actions comply with grandparent laws in Texas.
If you have questions about grandparent’s rights in Texas, contact the Sisemore Law Firm in Fort Worth for legal advice. Our compassionate family law attorneys have extensive experience representing grandparents in Texas and are here to help.
