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Texas Grandparent Visitation

State divorce laws don't automatically grant visitation rights for grandparents, but most states allow grandparents to petition for child visitation rights. If a grandparents chooses to petition the court, a set of grandparent visitation and custody guidelines will be considered to determine what's in the best interest of the child.

If both parents of the child have died, the court may appoint grandparents or other family members as legal guardians or conservators of the child. A grandparent may request child custody or child visitation by filing a petition with the court. The court will order Texas child custody or child visitation rights to a grandparent if:

  • At least one biological or adoptive parent hasn't had that parent's parental rights terminated
  • The grandparent can show that a parent is not acting in the best interest of the child by denying grandparent visitation or custody
  • The grandparent requesting custody or visitation rights is an actual parent of the child's parent and that parent of the child:
    • has been incarcerated during three months before filing the petition
    • has been found incompetent by a court
    • is dead
    • doesn't have actual or court-ordered custody or visitation to the child

A biological or adoptive grandparent may not request child custody or visitation rights to a grandchild if:

  • The grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent
  • Each of the biological parents of the grandchild has:
    • died
    • had the person's parental rights terminated or
    • relinquished parental rights and designated an authorized agency, licensed child-placing agency or person other than the child's stepparent as the managing conservator of the child

Learn about child custody and child visitation rights of all family members involved by speaking to a local Texas divorce lawyer. To connect today, call 877-349-1310 or fill out a Texas divorce case review form below. Work to protect your relationship with your child or grandchild by getting in touch with a Texas divorce attorney today.

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The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Texas divorce lawyer in your area.

Texas divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.