Grandparents’ Rights in Texas
Advocating for Your Role in Your Grandchild’s Life
At the Law Office of Bryan Fagan, PLLC, we understand the deep and meaningful bond that exists between grandparents and their grandchildren. When that relationship is threatened—whether by divorce, family conflict, or other life events—grandparents often seek legal help to preserve their place in the child’s life. In Texas, pursuing custody or visitation as a grandparent can be challenging, but it is possible under certain circumstances. Our firm is here to help you navigate that path.
Understanding Grandparents’ Rights in Texas
Texas law prioritizes the rights of biological parents. Grandparents are not automatically entitled to visitation or custody, and any attempt to gain such rights must meet specific legal standards. However, courts do recognize the importance of a grandparent’s role, particularly when it is in the best interest of the child.
If you’re a grandparent facing legal barriers to seeing your grandchild, the support of an experienced Houston custody attorney can make a significant difference in how your case is presented and pursued.
Visitation Rights for Grandparents
While Texas courts are cautious about infringing on parental rights, the law does provide situations in which a grandparent may be granted court-ordered visitation. Under Texas Family Code, a grandparent may be eligible for visitation if:
- At least one biological or adoptive parent still has parental rights
- The grandparent can prove that denying visitation would significantly impair the child’s physical or emotional well-being
- The child’s parent (who is the child of the grandparent) has been incarcerated for at least three months, has been declared legally incompetent, is deceased, or does not have court-ordered access or possession
Even in these scenarios, courts will only award visitation if it is deemed to be in the best interests of the child.
When Grandparents Can Seek Custody
In some cases, grandparents may seek custody (referred to as “conservatorship” in Texas) of a grandchild. Custody may be awarded if:
- The child’s current home environment presents a serious risk to their physical health or emotional development
- The grandparent has had actual care, control, and possession of the child for a significant period (at least six months), ending no more than 90 days before filing for custody
- One or both parents have voluntarily relinquished care or agreed to the change in custody
Each case is unique, and the court will evaluate numerous factors before granting custody, always with the child’s best interests in mind.
The Legal Challenges: Standing and Parental Presumption
Grandparents seeking visitation or custody must first establish standing, meaning they must show they have a legal right to bring their case before the court. Additionally, Texas law operates under the parentalpresumption—the belief that fit parents act in their child’s best interests. To overcome this presumption, a grandparent must provide compelling evidence that their involvement is necessary to protect the child’s welfare.
Having knowledgeable legal representation is critical to successfully navigating these challenges. Our attorneys are well-versed in Texas family law and know how to build a compelling case to support your claim.
Your Case Is Our Priority
At the Law Office of Bryan Fagan, PLLC, we take your role as a grandparent seriously. We are committed to protecting the rights of grandparents and fighting for the continuation of meaningful family relationships. When you choose our firm, you’re partnering with a team that places your goals—and your grandchild’s well-being—at the center of everything we do.
Whether you are seeking visitation or custody, our team will provide personalized, strategic guidance from your first consultation to the resolution of your case.
Schedule a Free Consultation
Don’t wait to take action. If you’re a grandparent concerned about your legal rights or your grandchild’s safety, speak with a trustedTexas custody lawyer today. Call the Law Office of Bryan Fagan, PLLC at (713) 528-8711 to schedule your free, no-obligation consultation.
We’re here to help you protect what matters most.
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