Texas law, explained
The short answer
Grandparents in Texas have limited visitation rights. Under Texas Family Code § 153.433, a court can order grandparent access over a parent's objection only if the grandparent's own child is dead, incarcerated, found incompetent or without access to the child, and the grandparent proves that denying access would significantly impair the child's physical health or emotional well-being. Custody is a separate claim with its own standing rules. John B. Polk, a Dallas family lawyer for more than 25 years, handles both.
Grandparent visitation in Texas: the legal test
Yes, Texas grandparents can ask for visitation, but only in narrow situations. The law starts from the presumption that a fit parent acts in the child's best interest, so a parent's decision to limit contact usually stands.
A biological or adoptive grandparent can ask for possession or access in an original suit or a modification suit. The court can grant it over a parent's objection only if all three conditions in Texas Family Code § 153.433 are met:
- At least one biological or adoptive parent still has parental rights.
- The grandparent proves, by a preponderance of the evidence, that denying access 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 during the three months before the filing, has been found incompetent by a court, has died, or does not have actual or court-ordered possession of or access to the child.
The petition must include an affidavit with facts supporting the claim of significant impairment. If those facts, taken as true, would not be enough, the court must dismiss the case (§ 153.432). That is why grandparent visitation is hard to win: missing a grandparent, even deeply, is not the same as harm to the child that the court can measure.
When grandparents and other relatives can seek custody
A grandparent can file for custody in Dallas, but must first show standing, meaning a legal right to bring the case. Texas law gives grandparents and other relatives three main routes.
- Six months of care: anyone other than a foster parent, relative or not, who has had actual care, control and possession of the child for at least six months ending no more than 90 days before filing (Texas Family Code § 102.003).
- Relative within the third degree: a grandparent, aunt, uncle, adult sibling or other relative within the third degree can file for managing conservatorship if the child's present circumstances would significantly impair the child's physical health or emotional development, or if the parents consent (§ 102.004).
- Both parents deceased: a relative within the third degree has standing when both parents have died (§ 102.003).
Standing only opens the door. Texas law then presumes a parent should be named managing conservator unless that would significantly impair the child's physical health or emotional development (§ 153.131). When both parents are unfit, that presumption can be overcome, and a grandparent can be named managing conservator without adopting the child.
What evidence matters in a grandparent or relative case
The court wants specific, firsthand facts about harm to the child, not general concern. The strongest cases show what has happened to the child and what would happen without the grandparent.
- Who has actually cared for the child, for how long, and where the child has lived.
- School, medical and counseling records that show the child's needs and how they were met.
- Evidence of a parent's drug or alcohol use, neglect, violence or criminal history, where that is the concern.
- Testimony from teachers, doctors, therapists or others who know the child.
- How the child has done since contact with the grandparent stopped.
Living with grandparents does affect custody decisions. A child's stable home with a grandparent can give the grandparent standing after six months and is strong evidence of what the child would lose if moved. It does not erase a fit parent's rights on its own.
How John B. Polk helps grandparents and relatives
In Dallas County, grandparents' rights cases are heard by the family district courts, or by the court that already has continuing jurisdiction over the child if an earlier order exists. John B. Polk has practiced family law in Dallas for more than 25 years and handles these cases for grandparents, relatives and parents.
- Checks standing first, so you do not file a case the court must dismiss.
- Prepares the required affidavit with specific facts.
- Gathers records and witnesses on harm to the child.
- Seeks temporary orders when a child needs protection now.
- Explores agreement through mediation, which can protect family relationships that court can strain.
Options: agreement, mediation or court
Grandparents have no automatic rights when parents divorce. The divorce does not create a right to visitation, but a grandparent whose child has no actual or court-ordered access to the grandchild may meet the § 153.433 test, and the parents can agree to include grandparent time in their plan.
When a parent cuts off all contact, a grandparent can ask a court for access only if the § 153.433 conditions are met; otherwise the parent's decision stands. Even when a suit is possible, an agreement is usually the faster and gentler path. Mediation lets the family work out a schedule without a judge deciding who was right. John mediates in person at his Turtle Creek office or over Zoom. Where a family is stuck on day-to-day disputes, parenting facilitation can help too.
What happens when you hire John
- 1
Consultation
John learns the family history, who has cared for the child and why contact stopped. He tells you which legal route, if any, fits.
- 2
Standing and affidavit
He confirms standing and prepares the affidavit or petition with specific facts. Weak facts are better found now than at a dismissal hearing.
- 3
Temporary orders
If the child needs protection or a stable home while the case is pending, he asks the court for temporary orders.
- 4
Mediation or trial
He negotiates or mediates where possible and prepares the case for trial if needed.
CPiQ, from John and Emily Polk
Messages between co-parents, without the next fight.
Paste a message before you send it. CPiQ, built on parenting-facilitation methods, suggests a calmer, child-focused version. Twenty short lessons help the change stick.
I highly recommend John for anyone going through a divorce. He was always available to give advice and strategize. I interviewed many firms big and small but chose John because of his experience and personal touch. He was very responsive. I felt like he was truly invested in making sure that I had the best outcome possible, and I believe that I did. Call John if you want a great lawyer who treats his clients like family.
Questions people ask
Can I request custody of a grandchild I've been raising?
Yes, if you have had actual care, control and possession of the child for at least six months ending no more than 90 days before you file, you have standing under Texas Family Code § 102.003. The time does not have to be continuous, so a grandparent who has cared for a grandchild for several years usually meets it, as long as no more than 90 days have passed since that care ended. You still must overcome the presumption in favor of a parent.
Do grandparents have rights after one parent dies?
They may. A parent's death is one of the situations in § 153.433 that lets a grandparent, the deceased parent's mother or father, ask for access, but the grandparent must still prove that denying access would significantly impair the child. If both parents have died, a relative within the third degree has standing to seek custody.
Can a grandmother get legal custody without adopting the child?
Yes. A court can name a grandmother managing conservator without an adoption, and the parents' rights stay in place. That gives her legal authority to make decisions for the child while leaving room for a parent to return to the child's life later.
Can an aunt or uncle request custody in Texas?
Yes. Aunts and uncles are relatives within the third degree, so they can file for managing conservatorship when the child's present circumstances would significantly impair the child, or when the parents consent (§ 102.004). They can also qualify through six months of actual care.
Do stepparents have visitation rights after divorce?
Not automatically. Texas has no stepparent visitation statute. A stepparent who has had actual care, control and possession of the child for six months, or who lived with the child and a parent who has died, may have standing to ask for conservatorship, but the parental presumption still applies.
Can a non-biological parent get custody of a child?
Sometimes. A person who has cared for the child for at least six months, ending no more than 90 days before filing, has standing, even without a biological or legal tie. The court then decides by the child's best interest, starting from the presumption that a parent should be named managing conservator.
Can a family friend get legal custody if the parents are absent?
Yes, through the six-month actual care route or with the parents' consent. When parents are absent, a friend who has been caring for the child can ask the court for managing conservatorship. Relatives within the third degree have additional routes that friends do not.
Can grandparents intervene in an existing custody case?
Yes, with the court's permission. A grandparent or other person with substantial past contact with the child can be allowed to intervene in a pending case if naming a parent sole managing conservator, or both parents joint managing conservators, would significantly impair the child's physical health or emotional development (§ 102.004).
Can a grandparent receive child support while raising a grandchild?
Yes. When a court names a grandparent managing conservator, it can order one or both parents to pay child support to the grandparent. The Office of the Attorney General can also help collect support for a child living with a relative. See child support.
What if my daughter won't let me see my grandchildren?
Her decision usually stands unless the § 153.433 conditions are met. If she still has access to her children, a court generally cannot order grandparent visitation over her objection. A calm conversation, a family counselor or mediation is often the realistic first step.
Guides on this topic
ChildrenGrandparent Visitation Rights in Texas: When Parents Say NoTexas grandparent visitation is narrow. The three conditions the law requires, why parents usually win, and what grandparents can do when contact stops.
ChildrenGrandparent and Relative Custody in Texas: Who Can FileCustody for a grandparent or relative starts with standing. The six-month rule, the third-degree relative rule, emergencies, support and guardianship.