Grandparents can play a very important role in their grandchildren’s lives – a role that can be enriching for both. As such, the State of Texas addresses the important matter of grandparents’ rights, and having a better understanding of what this means for you can help. If you have questions or concerns about what your rights are as a grandparent, an experienced grandparents’ rights attorney is standing by to answer your questions and help you explore your best options.
A recent report from the Pew Research Center shares the following statistics, which highlight the important role that grandparents play in their grandchildren’s lives in this country:
Grandparents have no absolute legal right to spend time with their grandchildren. In highly specific situations, however, Texas courts do award grandparent visitation. Grandparents, however, have the burden of proving that it’s in the best interests of the children, and the legalities are complex, which makes working closely with a seasoned grandparents’ rights attorney well-advised.
Under the Texas Family Code, grandparents may only request court-ordered visitation or custody in specific circumstances. These include situations where a parent is deceased, incarcerated for at least three months, found legally incompetent, or does not have legal or physical possession of the child.
In all cases, at least one biological or adoptive parent must still have parental rights, and the grandparent must be able to show that denying access would significantly harm the child. The court will expect credible evidence, such as proof of an existing, beneficial relationship or documentation showing that the child’s current environment is unsafe or unhealthy.
In cases involving child custody disputes, grandparents may also seek to be appointed as conservators if they can demonstrate that living with them would serve the child’s best interests.
Adoption can dramatically affect a grandparent’s rights. If a grandchild is adopted by someone other than a stepparent, the ability to request visitation typically ends. However, past caregiving—such as a grandchild living with you for six months or more—can still influence a judge’s decision. These cases require a skilled grandparents rights attorney to present the facts effectively.
The burden of proof for overriding a parent’s decision is significant, and mistakes in the process can cost you valuable time and opportunities. Working with an experienced family law attorney ensures that your petition is properly prepared, supported by strong evidence, and argued persuasively in court.
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
At Mims Ballew Hollingsworth, we know that every grandparents’ rights case is unique. We take a tailored approach, reviewing your circumstances, gathering the necessary documentation, and developing a legal strategy that reflects both your goals and the child’s best interests. Whether through negotiation or litigation, we work to preserve the vital bond between you and your grandchildren.
If you are concerned about losing contact with your grandchildren, it is important to act quickly. Texas law sets strict standards, and early legal action can strengthen your case. Our Texas grandparents rights attorneys serve clients in Fort Worth, Southlake, and surrounding areas, providing skilled guidance and dedicated representation in these sensitive matters.
Contact us today to schedule a free consultation and learn more about your options for securing visitation or custody.
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In Texas, grandparents can only get court-ordered visitation in limited circumstances, such as when a parent is deceased, incarcerated for at least three months, found legally incompetent, or does not have legal or physical custody of the child. Additionally, the grandparent must prove that denying visitation would significantly harm the child’s physical health or emotional well-being.
Yes, but only if they can show that living with them is in the child’s best interests and that the child’s current living situation is unsafe or harmful. Courts may grant custody, known as conservatorship, if the grandparents can provide a stable, supportive environment and meet strict legal requirements under the Texas Family Code.
Yes. If a child is adopted by someone other than a stepparent, grandparents generally lose the legal right to request visitation. However, if the child lived with the grandparents for six months or more before the adoption, that history may still influence a judge’s decision in certain cases.
While not legally required, working with an experienced Texas family law attorney greatly improves your chances of success. These cases involve complex laws, high burdens of proof, and strict procedural rules. A skilled lawyer can build a strong case, gather persuasive evidence, and advocate effectively on your behalf.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
