Grandparents' Rights to Visitation in Texas

 
By Conner & Lindamood, P.C.

May I ask the judge for visitation with my grandchild?
Yes, under certain conditions.

Under what conditions will a judge grant my request for visitation with my grandchild?
The judge may order visitation with the grandchild if:

  1. The parental rights of at least one parent have not been terminated;and
  2. Visitation with your grandchild is in that grandchild's best interest; and
  3. At least on the following is true;
  1. Your child (a parent of your grandchild)
  2. Has been incarcerated during the three month period prior to filing the petition;

    Or

    Has been found to be incompetent; or
    Is dead;

  3. The parents of your grandchild are divorced or have been living apart for at least three months; or
  4. Your grandchild has been abused or neglected by a parent; or
  5. Your grandchild has been found by the court to be child in need or supervision;
  6. Your child (a parent of your grandchild has had his or her parental rights to your grandchild terminated; or
  7. Your grandchild has resided with you for at least six months during the last two years.

Are there any circumstances under which I may not request visitation with my grandchild?
You may not request visitation with your grandchild, if the following circumstances exits:

  1. Your child's parental rights have been terminated by court order or death;
  2. Your grandchild's other parent's parental rights have been terminated by court order or death;
  3. Your grandchild has been adopted by someone other than your grandchild's step-parent.







© 2000  Conner & Lindamood, P.C.

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