Grandparents Rights

Grandparents Rights

In the state of Texas, unless grandparent's go to court, they have no custody or visitation rights to their grandchild.


In order to see the child, grandparent's must have approval from one of the parents. If both parent’s object to visitation, the grandparent's can petition the court for visitation rights. These rights may include the following time periods:

  • 1 weekend a month
  • 1 week in summer
  • Time over the Christmas holiday


In certain situations, a court will grant grandparent’s custody if it is in the child’s best interest AND if one of the following situations exist:

  • The parents are divorced
  • The parent abused or neglected the child
  • The parent has been incarcerated, found incompetent, or has passed away.
  • The court terminated the parent child relationship
  • The child has lived with the grandparents for at least 6 months

Grandparent's have the burden of proof to show that it is in the child’s best interest for them to have visitation or custody.

Gary Ashmore
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Probate, Estate Planning, and Family Law Attorney in Dallas, Texas