A biological or adoptive grandparent may request possession of or access to a grandchild by filing either an original suit or a suit for modification.
The grandparent filing the suit must execute and attach an affidavit on the knowledge or a belief, along with supporting facts, that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being.
To order possession or access, Texas courts require, among other factors, that at the time the suit is filed:
At least one parent who is the child of the grandparent has not had their parental rights terminated
Parent of the child has been in jail or prison for at least three months just prior to filing the suit
Parent of child had been found be a court to be incompetent, dead, or does not have actual possession of the child