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Specialty tag(s): Grandparent Visitation and Custody Rights in Texas, Fort Worth Child Custody, Visitation Rights, Child Custody

What Legal Rights Do Grandparents Have in Texas?

Cassidy Pearson | October 13, 2025

In Texas, grandparents do not have automatic legal rights to custody or visitation with their grandchildren. However, there are specific circumstances under which the court may grant these rights. If you’re a grandparent concerned about maintaining a relationship with your grandchild after their parents’ divorce, it’s important to understand the legal landscape and how to build a strong case for visitation or custody. Working with an experienced grandparents’ rights attorney can help you determine the best course of action based on your situation.

Can Grandparents Get Visitation Rights in Texas?

Yes, but only under certain conditions. Grandparents’ visitation rights in Texas are not granted automatically, and you must meet strict legal standards. Courts will only consider granting grandparent visitation rights if it serves the best interests of the child and if one of the following conditions is met:

• The parent who is the child of the grandparent is deceased
• The parent is incarcerated
• The parent has been found unfit
• The parent has voluntarily given up custody or possession for at least one year

Even when these conditions are met, the grandparent must still prove that being denied visitation would significantly harm the child’s physical health or emotional well-being.

Can Grandparents Obtain Child Custody?

In some cases, grandparents may be able to seek custody of a grandchild if both parents are found to be unfit or unavailable. Similar to visitation, though, the court will prioritize the child’s best interest, and strong evidence must be presented. Consulting with lawyers for grandparents’ rights is an important first step in evaluating your eligibility and gathering documentation to support your case.

What Can Grandparents Do During a Divorce?

When parents divorce, maintaining a connection with grandchildren can become complicated. However, you can take proactive steps to stay involved, such as:

• Maintaining open communication with both parents
• Avoiding behaviors that might escalate conflict
• Keeping informed about your grandchild’s life and well-being

Staying engaged while respecting boundaries may help prevent the need for court intervention.

What Should Grandparents Document Before Going to Court?

If you’re considering working with lawyers for grandparents’ rights to pursue legal action, documentation is essential. Courts make decisions based on facts, and you’ll need evidence to support your claims. Important details include:

• Times and dates of missed visits or denied access
• Communications with the child or parents
• Any signs of emotional or physical harm to the child
• Evidence of parental unfitness, if applicable

Consulting a Texas grandparents’ rights attorney early can help you identify the right documentation and prepare your case effectively.

When Should Grandparents Seek Legal Advice?

If you feel your relationship with your grandchild is being unfairly limited or you have serious concerns about their safety, it’s time to consult with experienced lawyers for grandparents’ rights. These are fact-sensitive cases, and early legal advice can make a significant difference in the outcome.

Goranson Bain Ausley attorneys like Cassidy Pearson will work with you to understand your legal options, gather necessary documentation, and present a strong case that reflects your grandchild’s best interests. Schedule a consultation today to take the first step toward protecting your relationship with your grandchild.