Many grandparents are surprised to learn that Texas law does not automatically give them the right to see their grandchildren. Texas courts start from a strong presumption that a fit parent is acting in their child’s best interest — and that presumption protects a parent’s decisions about who has contact with the child, including grandparents.
That doesn’t mean grandparents have no options. Texas law carves out specific, narrow circumstances where a grandparent can ask a court for visitation (called “possession or access”) or, in rarer cases, custody. Here’s an overview of how it works.
Do Grandparents Have Automatic Visitation Rights?
No. A parent’s right to decide who spends time with their child is presumed to serve the child’s best interest. A grandparent who wants court-ordered access has the burden of overcoming that presumption — not the other way around.
When Can a Grandparent Ask a Court for Access?
To request possession of or access to a grandchild, a grandparent generally must show all of the following:
- At least one parent of the child still has their parental rights intact (i.e., those rights haven’t been terminated).
- The grandparent can prove, by a preponderance of the evidence, that denying access would significantly impair the child’s physical health or emotional well-being. A close, loving relationship by itself is not enough — courts look for concrete evidence of harm.
- The grandparent is the parent of one of the child’s parents, and that parent of the child:
- Has been incarcerated during the three months before the petition was filed,
- Has been found incompetent by a court,
- Has died, or
- Does not have actual or court-ordered possession of or access to the child.
A grandparent filing this type of request must also submit a sworn affidavit laying out the facts that support these requirements. If the affidavit doesn’t describe facts that could meet the standard, the court can dismiss the case without ever holding a hearing — which is why this step deserves careful attention.
Practical Steps for Grandparents
- Document your relationship with your grandchild and any specific incidents showing harm from being denied access.
- Don’t wait too long — courts look at the situation as it stands when the case is filed, and outdated evidence alone may not be enough.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.