GRANDPARENT ACCESS ATTORNEYS

Grandparent Custody Rights in Texas

Grandparent Access Rights in Texas

Grandparent Power of Attorney

Additional Grandparents Rights Focus

What Is Required For A Grandparent to File For Custody in Texas?

The Texas, Family Code includes a list of situations in which a non-parent, such as a grandparent, can file an original suit affecting the parent-child relationship. For grandparents, assuming they've had “actual care, control, and possession of the child for at least 6 months ending not more than 90 days preceding the date of the filing of the petition”, then the grandparent has a general standing to request possession and/or access of the child without proving additional elements. If a grandparent does not otherwise have general standing , a grandparent may get possession of or access to a grandchild under Texas Family Code §102.004 if the grandparent can illustrate that “the child’s present circumstances would significantly impair the child’s physical health or emotional well-being.” 

Can A Grandparent Get Possession & Access To A Grandchild or Grandchildren?

If a grandparent does not otherwise have general standing above, a grandparent may get reasonable possession of or access to a grandchild by a grandparent if the court finds the following:

• At least one of the parents not terminated: At the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated; 

• Grandparent possession or access is in the best interest of child given child’s physical health or emotional well-being: The grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and

• Grandparent's child is incarcerated, dead, incompetent or has no possession or access: The grandparent requesting possession of or access to the child is a parent of a parent of the child, and that parent of the child (i) has been incarcerated in jail or prison during the three-months preceding the filing of the petition; (ii) has been found by a court to be incompetent; (iii) is dead, or (iv) does not have actual or court-ordered possession of or access to the child.

A grandparent will need to attach a sworn statement that identified one or more of the above allegations (i.e., that denial of your access to your grandchild would significantly impair the child’s physical health or emotional well-being.) Any failure to meet the above requirements will result in the Court denying your relief and dismissing your suit for possession of your grandchild.

Why Do You Need An Aggressive Attorney Who Will Fight For Grandparent Rights?



The right to parent is a constitutional right, and therefore, it is not easy for a grandparent, or any third party, to put themselves in the place of a parent. A successful grandparent custody or possession case must begin with an assertive offense with a lawyer capable of advocating for the best interest of the child. Our family lawyers have successfully taken numerous grandparent cases to trial, and we will fight for your interests and, most importantly, the interests of your grandchild.