Grandparents' Rights in Texas: Custody and Visitation

The short answer

Grandparents' rights in Texas are narrow. A biological or adoptive grandparent can ask a court for visitation Tex. Fam. Code §153.432(a). But the court may order it only if all three of these are true Tex. Fam. Code §153.433(a):

• At least one parent still has parental rights.
• The grandparent proves that denying visits would significantly impair the child's physical health or emotional well-being.
• The grandparent's own child (the child's parent) was in jail or prison in the three months before the petition was filed, was found incompetent, has died, or does not have possession of or access to the child.

Custody is a separate request with its own rules Tex. Fam. Code §102.004(a).

Can grandparents get visitation in Texas?

Sometimes. Texas law calls visitation "possession of or access to" a child. A biological or adoptive grandparent may ask for it in a new case or in a case to change an existing order Tex. Fam. Code §153.432(a). The grandparent can file just for visits, even if custody is not at issue Tex. Fam. Code §153.432(b).

Step-grandparents are not covered. The Supreme Court of Texas held that a step-grandfather who was not a biological or adoptive grandparent lacked standing (the legal right to file) under this law In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (per curiam).

You must attach a sworn statement called an affidavit. It must say, with supporting facts, that denying you visits would significantly impair the child's physical health or emotional well-being Tex. Fam. Code §153.432(c). If those facts, even if true, would not be enough, the court must dismiss the case Tex. Fam. Code §153.432(c).

When will a Texas court grant grandparent visitation?

The court may order reasonable visits only if all three conditions are met Tex. Fam. Code §153.433(a):

1. A parent still has rights. When you file, at least one biological or adoptive parent has not had parental rights terminated Tex. Fam. Code §153.433(a).
2. You prove significant impairment. You must overcome the presumption that a parent acts in the child's best interest. You do that by proving, by a preponderance of the evidence (more likely than not), that denying visits would significantly impair the child's physical health or emotional well-being Tex. Fam. Code §153.433(a).
3. Your own child is out of the picture. You are the parent of the child's parent, and that parent was in jail or prison during the three months before you filed, was found incompetent by a court, is dead, or does not have actual or court-ordered possession of or access to the child Tex. Fam. Code §153.433(a).

The third condition is easy to miss. Suppose a child's father has died. His parents may meet it. The mother's parents would look to their own child, the mother, instead.

If the court grants visits over a parent's objection, the order must spell out these findings Tex. Fam. Code §153.433(b).

Texas also has a general rule for any suit between a parent and a nonparent, which uses a clear and convincing evidence standard Tex. Fam. Code §153.002(c). Ask a lawyer how that rule and the grandparent-visitation rule apply together in your case.

Why is the bar so high for grandparents?

Because the law starts by trusting parents. The Supreme Court of Texas said the Legislature "set a high threshold" for a grandparent to overcome the presumption that a fit parent acts in the children's best interest In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (per curiam). The Legislature substantially amended the grandparent access statute in 2005 In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (per curiam). The court said that, as amended, §153.433 echoes the U.S. Supreme Court's plurality opinion in Troxel v. Granville In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (per curiam). A plurality opinion is the lead opinion when no single opinion gets a majority. That opinion said there is a presumption that fit parents act in the best interests of their children Troxel v. Granville, 530 U.S. 57 (2000) (plurality opinion).

Read more in Troxel v. Granville (2000): Special Weight for a Fit Parent's Decisions, In re Derzapf (2007): Grandparent Access and the Fit-Parent Presumption and In re C.J.C. (2020): The Fit-Parent Presumption in Modification Cases.

Can grandparents get custody in Texas?

In some cases. In Texas, custody is called managing conservatorship. A grandparent or other close blood relative (the law says "within the fourth degree by consanguinity") may sue for it with satisfactory proof that Tex. Fam. Code §102.004(a):

• the order is needed because the child's present circumstances would significantly impair the child's physical health or emotional development; or
• both parents, the surviving parent, or the managing conservator or custodian filed the case or agreed to it.

Some grandparents qualify another way. These include a person who has had exclusive care, control and possession of the child for at least six months, ending not more than 90 days before filing Tex. Fam. Code §102.003(a), and a relative if the child's parents are deceased Tex. Fam. Code §102.003(a). The six-month rule does not cover a relative caring for a child placed by DFPS. A separate rule covers DFPS placements of at least 12 months, with exceptions Tex. Fam. Code §102.003(a).

Having standing is only the first step. Generally, the court must name a parent as managing conservator unless that would significantly impair the child's physical health or emotional development Tex. Fam. Code §153.131(a). In a suit between a parent and a nonparent, the law presumes the parent acts in the child's best interest Tex. Fam. Code §153.002(b). The nonparent must overcome that by clear and convincing evidence that denying the request would significantly impair the child's physical health or emotional development Tex. Fam. Code §153.002(c).

A grandparent cannot start a new case asking only for possessory conservatorship, a lesser role that comes with time with the child Tex. Fam. Code §102.004(b). But a grandparent may join (intervene in) a pending case with satisfactory proof that naming the parents as managing conservators would significantly impair the child Tex. Fam. Code §102.004(b-1).

What if CPS is involved or a parent's rights were ended?

If the rights of every living parent have been terminated, relatives of a former parent generally cannot file a new case Tex. Fam. Code §102.006(a). There are exceptions, such as an existing court order for visits or consent from the child's managing conservator Tex. Fam. Code §102.006(b). A relative within the fourth degree may still ask for managing conservatorship if the relative files not later than the 90th day after the termination in a DFPS case Tex. Fam. Code §102.006(c). That deadline is short. See Termination of Parental Rights in Texas CPS Cases and When CPS Removes a Child in Texas: What Happens in the First 14 Days.

In Parker County

District court family cases in Parker County are filed with the District Clerk in Weatherford. The clerk serves the 43rd and 415th Judicial District Courts, and all district court family cases are filed there Parker County, "District Clerk". Parker County's county courts at law have the same jurisdiction as a district court Tex. Gov't Code §25.1862, and the County Clerk keeps their court records Parker County, "County Clerk".

• Cost. The District Clerk's court costs sheet dated 1/1/2026 lists $350.00 for a new civil or family suit, and $80.00 for other actions, including an intervention Parker County District Clerk, "Civil/Family Court Costs" (1/1/2026). If you cannot pay, its forms page has an Affidavit of Inability to Pay Court Costs Parker County District Clerk, "Forms".
• Forms and advice. The District Clerk's office cannot give legal advice or provide forms, and it points to Texas Law Help Parker County, District Clerk FAQs.
• Lawyers. The clerk's Notice of Self Help Resources lists the State Bar's lawyer referral service and Legal Aid of Northwest Texas in Weatherford Parker County District Clerk, "Notice of Self Help Resources".

Court addresses are on the Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help page. To find a lawyer, see Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders.

What the law says

The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (C) is dead; or (D) does not have actual or court-ordered possession of or access to the child.

In plain words: a court can order grandparent visits only when all three parts are true, and the grandparent has to prove real harm to the child, not just that visits would be nice.

An original suit requesting possessory conservatorship may not be filed by a grandparent or other relative or person. However, a grandparent or other relative or person may intervene in a pending suit under Subsection (b-1) or (b-2), as applicable.

In plain words: a grandparent cannot start a case just to be named a possessory conservator, but may be able to join a case that is already going.

Questions to ask a lawyer

• Does my situation meet all three parts of §153.433(a)?
• What evidence would show significant impairment to my grandchild, and what standard of proof applies?
• Do I have standing to ask for custody, and on which basis?
• Is there a pending case I could intervene in?
• If CPS is involved, what deadlines apply to me?

Related

• Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child
• Troxel v. Granville (2000): Special Weight for a Fit Parent's Decisions
• In re Derzapf (2007): Grandparent Access and the Fit-Parent Presumption
• In re C.J.C. (2020): The Fit-Parent Presumption in Modification Cases
• Termination of Parental Rights in Texas CPS Cases
• When CPS Removes a Child in Texas: What Happens in the First 14 Days
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help