Texas Grandparents’ Rights Explained

Grandparents often hold families together, stepping in with love, stories, and steady hands when life gets rocky. Yet, when parents split up or face trouble, that bond can be shaken. At The Jackman Law Firm, we have focused on family cases since 2014, and we have seen both the joy of strong grandparent ties and the pain that comes when contact is cut off. This guide looks at Texas rules that govern those relationships, gives plain-language tips, and explains when you should reach out for legal help.

An Overview of Grandparents’ Rights in Texas

Texas law starts with a simple idea: parents decide what is best for their children. That means grandparents do not receive automatic visitation or custody. When problems arise, a grandparent must meet certain legal tests before a judge will even listen. The most important first step is showing “standing,” which is the right to bring a case before the court.

Establishing Legal Standing for Grandparents

Standing is the gatekeeper in any grandparent case. Under Texas Family Code Section 102.003, a grandparent has standing if one of several conditions applies. The most common conditions involve having cared for the child for at least six straight months within the last 90 days, or showing that the child’s present living situation is harmful.

• Standing only opens the courtroom door; it does not guarantee a win.
• The grandparent must still prove that blocking access hurts the child’s physical health or emotional well-being.
• Without standing, the judge must dismiss the lawsuit, no matter how sympathetic the facts look.

Grandparent Visitation Rights: Conditions and Limitations

Once standing is clear, the next question is whether visitation fits Texas law. Judges use a strict checklist rather than personal feelings, and that checklist sits in Sections 153.432 through 153.434 of the Family Code.

Legal Framework for Visitation Rights

The statutes give grandparents a way to ask for court-ordered visits. They do not promise a result. A judge must still decide that contact serves the child’s best interest and that cutting off the relationship would cause real harm.

Specific Circumstances Allowing Visitation Petitions

Under Section 153.433, a court can order visitation when:

1. At least one parent still has legal rights.
2. The grandparent overcomes the presumption that the parent is acting properly.
3. The parent at issue is incarcerated within the past three months, found legally incompetent, deceased, or lacks court-ordered access to the child.

Even when these points are met, the grandparent must bring solid evidence that the child will suffer if contact stops.

Situations Where Visitation Rights Are Not Applicable

A grandparent cannot seek visitation if both parents had their rights terminated or voluntarily gave them up, or if the child is adopted by unrelated parties. In those scenarios, the prior parent-child link is legally erased, taking grandparent claims with it.

Seeking Conservatorship (Custody) as a Grandparent

Custody fights between parents are common, yet grandparent custody is far less frequent. Courts grant conservatorship to a grandparent only when remaining with the parents poses a clear risk or when the parents are unavailable.

Grounds for Seeking Conservatorship

Texas law lets a grandparent ask for custody when:

• Both parents have died
• Verified abuse or neglect places the child in danger
• A parent signs papers asking the grandparent to take over
• The “six-month rule” applies, meaning the grandparent provided daily care for at least half a year right before filing

Even with parental consent, the court still rules based on the child’s best interest.

Factors Increasing Chances of Obtaining Custody

Judges look for a home that offers stability, safety, and support. Proof that helps includes regular school involvement, medical care, steady housing, and reliable income. Letters from teachers, doctors, or counselors often carry weight because they show the child already sees the grandparent as a caretaker.

The SAPCR (Suit Affecting the Parent-Child Relationship) Process

Nearly every grandparent case begins with a SAPCR. The steps are straightforward on paper, yet detailed in practice:

1. File the petition laying out standing, harm to the child, and the relief requested.
2. Serve parents or other legal guardians.
3. Gather records, witness statements, and professional reports.
4. Attend temporary orders hearings and, if needed, a final trial.

If an order already exists, a grandparent can file a motion to modify rather than a brand-new SAPCR.

Evidence Needed to Support a Grandparent’s Claim

Courts rely on documents more than emotions. Pictures and stories help, but paperwork often seals the deal. The table below lists strong items that can tip the scale.

Common Evidence in Grandparent Cases

Collecting these items early helps avoid rushed requests when a hearing date arrives.

Grandparents’ Rights and Adoption Scenarios

Adoption changes legal ties, and those changes affect grandparents in different ways.

Stepparent Adoptions

When a new spouse adopts the child, the legal chain to the former parent often ends. That break can also cut off the former parent’s mother or father. Before papers are signed, a grandparent should talk with an attorney about options such as agreed-upon visitation orders.

Kinship Adoptions

If a grandparent adopts the grandchild, family links remain intact because the grandparent becomes the legal parent. Other relatives, such as aunts or uncles, still keep their blood connection and may later seek visitation in rare cases.

Adoption by Non-Related Parties

When neither a parent nor other kin adopts the child, prior family rights usually vanish. Courts focus on giving the new family space to bond, leaving grandparents with few, if any, legal remedies.

What To Do When You Are Being Denied Access to Your Grandchildren

First, avoid speaking poorly about the parents around the child or on social media. Judges dislike conflict that harms kids. Second, keep a written log of phone calls, texts, and holiday cards that went unanswered; this record shows consistent effort. Third, gather benefit statements of the relationship, such as school awards the child earned while living with you. Finally, consider calling a lawyer who handles Texas family cases to review standing and evidence.

Facing a Grandparents’ Rights Issue in Texas? Contact The Jackman Law Firm Today

Our firm has fought for the well-being of Texas families for a decade, and we understand the hurdles grandparents face. We combine courtroom skills with a personal touch that respects every generation involved. If you need guidance on visitation, custody, or modifying an order, reach out now. Call us at 844-303-0001 or visit our website to schedule a consultation. Together, we can protect the bond that means so much to you and your grandchild.