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Visitation Rights of Grandparents in Texas

In Texas, grandparents do not enjoy an automatic right of visitation over the objections of the child’s parents. However, such a right may be granted if certain conditions are met.

First, the parental rights of at least one parent must have been terminated. Second, visitation by the child’s grandparents must be in his or her best interest. Third, at least one of the following conditions must be met:

  • The child's parent is incarcerated, deemed incompetent as a parent, or dead, or;
  • The parents of the grandchild are divorced, or have been living apart for at least 3 months, or;
  • The grandchild has been abused or neglected by a parent, or;
  • The grandchild, according to a Texas court, is in need of supervision, or;
  • The child of the grandparent is the one whose parental rights have been terminated
  • The child has resided with the grandparent for at least six months during the past two years

Obtaining grandparent child visitation in Texas is complicated, and may require the assistance of a family lawyer.  

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