Grandparents Rights

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

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