In Texas, grandparents do not enjoy an automatic right of visitation over the objections of the child’s parents. Texas allows parents to raise their children as they wish so long as it is in the best interest of the child. However, such a right may be granted if certain conditions are met.

Three-Part Test

1.    The parental rights of at least one parent must have been terminated;
2.    Visitation by the grandparents must be in the best interest of the grandchild; and
3.    At least one of the following conditions must be met:

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

Consulting an Attorney

Obtaining grandchild visitation in Texas is complicated and requires the grandparents to prove certain conditions. With the assistance of a Texas family law lawyer, the grandparents will not have to navigate the legal system by themselves and can have their lawyer speak on their behalf.