Grandparents’ Visitation Rights

The scope of grandparent rights in Texas is generally limited.  A grandparent must first (a) overcome the Court’s presumption that the parent is acting in the best interest of the child, and (b) that that the denial of possession and access of the child by the grandparents would significantly impair the child’s physical or emotional well being.

The grandparent must then prove:

  • the parent of the child has been either incarcerated during the three-month period preceding the grandparent’s filing of the petition; or
  • the parent has been found by the court to be incompetent; or
  • the parent is dead; or
  • the parent does not have actual , or court-ordered possession of, or access to, the child.

Custody of Grandchildren (Conservatorship)

The most common situation where grandparents seek custody of a grandchild is where drugs or mental illness are involved with the child’s parent or parents.  The grandparents must be prepared to provide proof that the child remaining with his or her parents will subject the child to serious mental or physical abuse, or put the child in imminent danger. 


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