Grandparent Rights

Understanding Grandparents’ Rights in Texas

Parents are presumed to act in their children’s best interests, and Texas law gives them primary authority over upbringing. Grandparents do not automatically receive visitation or custody; instead, they must show statutory criteria and satisfy strict legal standards. The law recognises that grandparents can play a vital role when parents are unable or unwilling to care for a child.

Standing to Petition for Visitation or Custody

To have standing, grandparents must demonstrate at least one of these conditions:

• A parent has been incarcerated, found incompetent, or has died.
  
  
• The child’s parents are divorced or were never married.
  
  
• The parent–child relationship has been terminated by court order.
  
  
• The child has lived with the grandparent for at least six months, and parental possession has ended.
  
  
• Evidence shows the child has been abused or neglected by the parents.
  
  

Standing is a threshold issue. Without it, courts will dismiss a case. Even when standing is established, grandparents must prove that granting visitation or custody is in the child’s best interests.

Visitation Rights and the Best Interests Standard

Visitation, called possession and access, allows grandparents to spend time with their grandchildren under court‑ordered schedules. To obtain visitation, grandparents must file a petition and prove two things: denying access would significantly impair the child’s physical health or emotional well‑being, and visitation is in the child’s best interests. Courts examine factors such as the existing relationship, the grandparent’s ability to support the parent–child relationship, history of abuse or neglect, and the stability of the grandparent’s home. Judges may also consider the child’s preference if they are old enough to express one.

Seeking Custody (Conservatorship)

Conservatorship gives a grandparent the authority to make decisions about a child’s upbringing. Courts are reluctant to remove parental rights and will grant custody to grandparents only in rare circumstances, such as when both parents are deceased, incapacitated, or deemed unfit due to substance abuse, family violence or neglect. In evaluating conservatorship requests, judges weigh factors like the grandparent’s ability to meet the child’s physical and emotional needs, the stability of their home, and any risk of harm if the child remains with parents.

Adoption and Termination of Rights

Adoption can cut off grandparents’ rights because the adoptive parents assume all parental responsibilities. Once a child is adopted by a new family, biological grandparents usually lose visitation and custody rights. Exceptions exist for step‑parent or kinship adoptions, where grandparents related to the non‑terminating parent may still maintain rights.

Filing Process and Legal Strategy

Grandparents must file a Suit Affecting the Parent–Child Relationship (SAPCR) or a modification petition in the court that issued the current custody order. In Travis County and across Texas, the petition must plead facts establishing standing and the child’s best interests. Evidence may include police reports, health records, school records, and testimony about the child’s well‑being. Early legal advice is crucial because procedural missteps can result in dismissal.

Working with an Experienced Attorney

Because courts prioritize parental rights, grandparents face an uphill battle when seeking visitation or custody. Our Austin attorneys are experienced in preparing compelling cases, negotiating with parents, and presenting evidence that demonstrates why continued grandparent involvement benefits the child. We work to minimize conflict and preserve family relationships while vigorously protecting the child’s safety.

Taking the Next Step

If you are a grandparent seeking visitation or custody of your grandchild, the law requires more than good intentions. You must meet specific legal criteria and show that your involvement serves the child’s best interests. Our Austin‑based family law team can evaluate your situation, help you gather evidence, and guide you through the court process. Reach out to us to discuss how we can support your relationship with your grandchildren and safeguard their well‑being.

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