FAQ: What Rights Do Grandparents Have in Texas?
Quick Answer: In Texas, grandparents have limited legal rights to see or gain custody of their grandchildren. However, under specific circumstances, grandparents can petition the court for visitation or conservatorship (custody)—especially when doing so serves the best interest of the child.
At The Ashmore Law Firm, our family law attorneys help grandparents understand their options and guide them through the complex legal process of asserting their rights in Texas.
1. Grandparent Visitation Rights in Texas
Under Texas law, grandparents must have parental approval to visit their grandchildren. If both parents object, a grandparent may file a petition for visitation rights.
To be granted visitation, the grandparent must prove that the parent intends to completely deny access to the child and that one of the following conditions applies to the grandparent’s son or daughter (the child’s parent):
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The parent has been incarcerated for at least three months
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The parent has been declared legally incompetent
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The parent is deceased
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The parent does not have actual or court-ordered access to the child
Because Texas strongly favors parental rights, courts carefully review these requests to ensure that granting visitation truly benefits the child.
2. Grandparent Conservatorship (Custody)
Grandparents can also seek conservatorship (custody) under certain conditions. Generally, if a grandparent has had possession of the child for at least six months, they can file for custody within 90 days after that period ends.
However, they must overcome the legal presumption that a fit parent acts in their child’s best interest.
If a grandparent has not had possession of the child for at least six months, they must prove that denying access or custody would significantly impair the child’s physical health or emotional well-being.
Because these cases can be complex and emotionally charged, it’s essential to work with an experienced grandparents’ rights attorney who understands Texas family law.
3. Temporary Orders
One of the most common ways grandparents gain temporary access or custody is through temporary court orders.
This often occurs when parents are facing personal challenges such as drug or alcohol abuse, incarceration, or financial instability. In these cases, grandparents may temporarily care for the children while the parents work to regain stability.
Texas courts may allow temporary orders to last up to one year, depending on the situation. When the parents demonstrate that they are capable of caring for their children again, custody is typically returned to them.
If a parent contests these temporary orders, the grandparent must again prove that denying access would significantly impair the child’s well-being.
Why Grandparent Rights Cases Are Challenging
Texas law prioritizes the rights of biological and adoptive parents, which makes grandparent cases uniquely difficult. However, courts also recognize that in certain circumstances—especially when a child’s safety or stability is at risk—grandparents play a vital role.
Having the right legal guidance can make a critical difference in building a strong case and protecting your relationship with your grandchild.
How The Ashmore Law Firm Can Help
At The Ashmore Law Firm, our compassionate and experienced attorneys can:
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Review your eligibility to file for visitation or conservatorship
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Gather evidence to prove significant impairment or parental unfitness
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File all necessary petitions under the Texas Family Code
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Represent you in mediation or court proceedings
We are dedicated to helping grandparents preserve meaningful relationships with their grandchildren while ensuring the best interests of the child remain the top priority.
Speak With an Experienced Grandparents’ Rights Lawyer in Dallas
If you’re a grandparent seeking visitation or custody rights in Texas, contact The Ashmore Law Firm today.
📞 Call us at 214.559.7202 or contact us online to schedule your consultation.
We proudly help clients throughout the Dallas area protect their rights and the welfare of their grandchildren.
