In many families, grandparents play a vital role in raising and caring for children. They provide stability, love, and support—sometimes even stepping in as primary caregivers when parents are unable or unwilling to do so. But when family dynamics shift or conflict arises, questions about legal custody and visitation rights become pressing. If you have questions about your custody rights or know you need legal advice and guidance, our Arlington, TX child custody lawyer is available to help. In Texas, the law recognizes that grandparents can have an important place in a child’s life, but it also prioritizes parental rights. So, when can a grandparent seek custody or visitation? And what legal hurdles must they overcome?
This blog breaks down grandparents’ custody rights in Texas, including the circumstances under which the law permits a grandparent to intervene in a child’s life through the courts.
Texas Family Law Prioritizes Parental Rights
Under Texas law, there is a strong presumption that a child’s best interests are served by remaining with their parents. Courts are generally hesitant to interfere with a parent’s right to raise their child as they see fit.
This means that grandparents do not have automatic rights to custody or visitation. However, in certain situations—especially when the child’s well-being is at risk—the law allows grandparents to petition the court for legal intervention.
When Can Grandparents Seek Custody In Texas?
Texas law allows grandparents to seek managing conservatorship (the legal term for custody in Texas) under specific, limited circumstances.
A grandparent may file a petition for custody if they can show that:
- The child’s present circumstances would significantly impair the child’s physical health or emotional development
Or, - Both parents, a surviving parent, or the child’s court-appointed managing conservator consent to the grandparent having custody.
- Additionally, a grandparent may have standing to file for custody if the child has lived with them for at least six months, and the petition is filed within 90 days of the child leaving their care.
What Is “Standing”?
In family law, “standing” refers to a person’s legal right to bring a case to court. Grandparents must first establish standing before a judge will hear their request for custody. This involves proving one of the conditions above.
Without proper standing, a court will dismiss the case—regardless of the grandparent’s relationship with the child.
Emergency Situations And Custody
If a grandparent believes a child is in danger due to abuse, neglect, or substance abuse in the parents’ home, they may seek temporary emergency custody. To succeed, they must provide compelling evidence that:
- The child’s current living situation presents a serious and immediate threat a
And, - Awarding custody to the grandparent is in the best interest of the child.
- Emergency custody may be granted on a temporary basis, with a later hearing to determine long-term arrangements.
Grandparent Visitation Rights In Texas
Unlike custody, grandparent visitation is even more restricted under Texas law. Courts will not grant visitation simply because a grandparent wants it or because it’s in the child’s best interest. Instead, very specific legal standards must be met.
A grandparent may request court-ordered visitation only if at least one biological or adoptive parent has not had their parental rights terminated, and one of the following is true:
- The parent has been incarcerated for at least three months,
- The parent has been found incompetent,
- The parent is deceased, or
- The parent does not have actual or court-ordered possession of the child.
Even under these circumstances, the grandparent must still prove that denying visitation would significantly impair the child’s physical health or emotional well-being.
In short, the burden of proof is high.
Adoption And The Termination Of Parental Rights
It is important to note that if a child is legally adopted by someone other than a step-parent (for example, in a foster care or private adoption), grandparents’ rights are typically terminated, along with the rights of the biological parents.
In such cases, grandparents usually lose the legal ability to seek visitation or custody.
Practical Steps For Grandparents
If you’re a grandparent concerned about a child’s safety or seeking a greater role in their life, here are some important steps to consider:
- Document Everything: Keep records of your involvement with the child and any concerns about their welfare.
- Consult a Family Law Attorney: Texas custody law is complex, and early legal guidance can be critical.
- Explore Mediation: If relationships with the parents are strained but not entirely broken, mediation may lead to a voluntary visitation agreement without litigation.
- Act Quickly: Timing matters, especially if the child has lived with you temporarily. Missing key deadlines (like the 90-day window after a child leaves your care) can undermine your case.
While Texas courts respect the rights of parents, they also recognize that in some situations, grandparents play a crucial role in protecting and nurturing their grandchildren. When a child’s safety or emotional well-being is at risk, or when a grandparent has been a primary caregiver, the law provides avenues to seek custody or visitation—but the requirements are strict, and the burden of proof is high.
If you’re a grandparent navigating a difficult family situation, consult a knowledgeable Texas family law attorney at Brandy Austin Law Firm. They can help you assess your legal standing, evaluate your options, and advocate for what’s best for your grandchild. Reach out to us today or anytime you are ready to talk.