Grandparents play a special role in many children’s lives. They often provide extra love, support, and guidance. However, what happens when family issues make it hard for grandparents to see their grandkids?
In Texas, grandparents have certain legal rights to ask a court for visits or custody. This can become complicated because the law also protects parents’ rights to choose what is best for their children.
If you are a grandparent seeking to understand your options, this blog will walk you through some important points and questions. By the end, you should have a clearer idea of where you stand and how a Texas family lawyer at The Cook Law Firm & Associates PLLC can help.
What Are Grandparent Rights in Texas?
In Texas, grandparents do not automatically have the same rights as parents. However, several laws recognize that grandparents can be key figures in a child’s life. For instance, Texas Family Code Section 153.433 says that grandparents may request “possession of or access to a grandchild” under certain strict conditions. The goal is to ensure a child’s best interest is always the main focus, while also respecting a parent’s right to decide what happens with their child.
These rules do not promise that a grandparent will always get visits. Rather, they outline steps to follow if a grandparent believes seeing the child is important for the child’s physical or emotional health. However, the law also places limits on these rights to avoid clashing too heavily with a fit parent’s wishes.
When Can Grandparents Ask for Visitation or Access in Texas?
Under Section 153.432 and Section 153.433, a grandparent can file a court request (often called a “suit”) for visitation. This request has specific requirements, like showing that not having contact with a grandparent could significantly harm the child’s well-being. In other words, the grandparent must prove the child might suffer in a serious way if visits are blocked.
Additionally, there must be at least one parent who still has parental rights. If both parents have lost their rights or passed away, and the child has been adopted by someone who is not a stepparent, then under Section 153.434, grandparents are usually not allowed to pursue access or visitation.
Do Texas Courts Always Side with Parents?
Courts give a lot of respect to a “fit parent’s” right to decide what is best for their child. This idea was made clear in In re C.J.C., 603 S.W.3d 804, where the Texas Supreme Court emphasized that judges should be careful when granting rights to nonparents if a fit parent objects. Still, if a grandparent can show that the child’s health (physical or emotional) would suffer without their involvement, the court can step in.
The case In re Derzapf, 219 S.W.3d 327, further showed that it is not easy to override a parent’s choice. In that situation, the grandparents did not convince the court that denying visits would cause serious harm. Because of that, the court chose to side with the parent’s decision. This highlights how careful courts must be in balancing parents’ rights with grandparents’ claims.
Can Grandparents Ever Seek Custody (Conservatorship) in Texas?
Yes, grandparents do have certain rights to ask for custody—what Texas calls “conservatorship”—but the requirements can be strict. Section 102.004 of the Texas Family Code explains that grandparents can intervene in a custody case if they prove that having the parents in control would “significantly impair” the child’s well-being. Another option arises if both parents agree that the grandparent should have conservatorship.
Several cases show how this can work. In one case, the grandparents had taken care of their grandchild for an extended time. The court recognized the grandparents’ right to seek conservatorship because they had been acting like parents for that period.
In another case, a grandmother managed to join a custody case after she showed evidence that letting the parents remain conservators might harm the child. These examples demonstrate the tough legal burden grandparents face when pursuing custody, but also the possibility of success if they can meet that burden.
What If Both Parents Have Died or Lost Their Rights?
When both parents are deceased or have had their rights terminated, there are special rules. Section 161.206 of the Texas Family Code says that a court order ending a parent’s rights does not necessarily wipe out grandparents’ rights under Chapter 153. However, under Section 153.434, if a child is adopted by a non-stepparent (for example, a relative who is not the child’s stepparent), a grandparent generally cannot file for possession or access anymore.
Sometimes, grandparents might become the default caregivers when both parents are gone. Section 153.431 even allows a court to consider naming a grandparent (or aunt or uncle) as the child’s managing conservator if both parents are deceased. Each situation is unique, and the court will look at what arrangement best serves the child’s needs and stability.
How Do Adoption and Terminated Rights Affect Grandparent Access in Texas?
Adoption can significantly change grandparent rights. Under Section 153.434, if a child has been fully adopted by someone other than a stepparent, grandparents usually cannot seek visits. This aligns with the idea that once a child is adopted, the adoptive parents gain all the legal rights and responsibilities.
However, a grandparent might still keep some claims to visitation in certain circumstances, even if parental rights are terminated. According to Section 161.206, the law does not always remove a grandparent’s ability to ask for access, especially if the court believes that it would be in the child’s best interest. These situations can be very fact-specific and might require careful legal argument.
What Role Does Harm to the Child Play in Grandparent Rights Cases in Texas?
A major factor in almost all grandparent-rights cases is proving that denying the grandparent contact would harm the child. Many grandparents fail to get court-ordered access because they cannot prove this level of harm. A court will assume a fit parent’s choices are in the child’s best interest unless shown otherwise.
In In re G.P., 495 S.W.3d 927, grandparents were able to get a hearing because they provided enough evidence that the child might be harmed if they were cut out of the child’s life. This type of evidence often includes testimonies, medical documents, or school records that show how important the grandparent is for the child’s health or emotional well-being.
Is There a Deadline for Grandparents to File for Managing Conservatorship in Texas?
Sometimes, yes. Section 102.006 of the Texas Family Code mentions rules about when a grandparent can or cannot file for managing conservatorship. One rule allows grandparents to file within 90 days after a parent’s rights end. This timing can be very important, especially in fast-moving cases where the Department of Family and Protective Services or other parties are also involved.
If you are a grandparent concerned about your grandchild’s situation, it is wise to act quickly. Missing key deadlines could mean losing the chance to have your case heard.
What About Financial or Support Services?
Taking on a child’s care can be expensive. Section 40.070 of the Texas Human Resources Code, which lasts until September 1, 2027, directs the Department of Family and Protective Services to help grandparents in certain cases. If a child is placed with a grandparent while in state conservatorship, the department must inform grandparents about services and possible financial help.
This can include things like monthly stipends, medical coverage for the child, or other forms of support. If you are a grandparent in this position, do not hesitate to ask about all available resources. Dealing with state agencies can be challenging, so having a Texas family lawyer to guide you can help ensure you receive the assistance you need.
How Does Venue or Location Affect Grandparent Rights in Texas?
If you file in the wrong place or do not move your case when needed, you might end up with delays or even the dismissal of your suit. It is another reason why having an experienced Texas family lawyer is helpful. At The Cook Law Firm & Associates, PLLC, experienced Texas family lawyer Justin Cook can guide you through the proper filing process and keep your case on track.
Your Grandchildren’s Future is at Stake – Contact The Cook Law Firm & Associates PLLC Today
If you are a grandparent worried about losing contact with your grandchild or seeking custody to protect their well-being, we are here to help. At The Cook Law Firm & Associates, PLLC, our goal is to guide you through the legal system with care and understanding. We know that every family is unique, and we will work with you to find the best path forward.
Call 210-740-0281 or fill out our online contact form to schedule a consultation. Let Justin Cook stand by your side, offering the experience and dedication you deserve. When your grandchildren’s future is at stake, do not go it alone—reach out to a trusted Texas family lawyer and get the support you need.