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Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts arise, grandparents could have a hard time under Texas law, but are not without rights under certain circumstances.
Grandparents have limited rights to access (visitation) or possession (custody) of their grandchildren under Texas law. Their ability to obtain custody or visitation largely depends on the conditions of at least one of the biological or adoptive parents.
Based on the Texas Family Code § 153.433, the courts can order visitation or custody for grandparents under the following conditions:
- At least one biological or adoptive parent has not had parental rights terminated
- The grandparent can prove that denying him or her custody or visitation would considerably harm the child’s physical health or emotional development
- The grandparent is the parent of a parent who
- Is in jail or prison
- Was found incompetent by the court
- Is dead
- Does not have actual or court-ordered custody or visitation rights to the child
Courts cannot grant visitation to grandparents when someone outside their family has adopted their grandchild. Courts do not allow grandparents to request visitation when someone other than the child’s stepparent has adopted the child. However, the courts may grant visitation when parents are divorced and the child resided with the grandparent for six months or longer.
Texas laws for grandparent visitation are complicated. The best way to understand your rights is to discuss the details of your situation with an experienced lawyer.
Contact us for help with your divorce, child custody, or other family law issue
Robert Reid McInvale
Attorney at Law
Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.
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