Do Grandparents Have the Same Rights as Parents in Texas?

 Posted on January 28, 2026 in Child Custody

When families go through divorce or separation, grandparents often worry about losing contact with their grandchildren. Some grandparents may hope or assume they have the same child custody rights as parents when it comes to seeing and caring for their grandchildren. Unfortunately, this is not the case in Texas.

Parents have what Texas law calls "fundamental rights" to make decisions about their children and control who spends time with them. Grandparents do not automatically have these same rights. If you are a grandparent who is worried about your relationship with your grandchildren in 2026, our Fort Worth family law attorney can help you understand your options.

Do Grandparents Have Any Legal Rights in Texas?

Under Texas law, parents have the right to raise their children as they see fit. This means parents can decide if, when, and how often grandparents see their grandchildren. Courts assume that parents know what is best for their children.

Grandparents do not have this same level of rights. You cannot demand to see your grandchildren or make decisions about their lives. However, Texas law does give grandparents some options in certain situations.

When Can Grandparents Ask for Visitation Rights in Texas?

Texas Family Code Section 153.433 allows grandparents to ask a court for visitation rights. You cannot just file for visitation because you want to see your grandchildren more often. The law requires you to meet certain conditions first. You may be able to ask for court-ordered visitation if any of these situations apply:

• One parent is in jail or prison

• One parent has died

• The parents are divorced or getting divorced

• A court has taken away one parent's rights to the child

• The child has lived with you for at least six months

• The child's parents are not married to each other

Even if one of these situations applies, you still have to prove that seeing you is in the child's best interest and that not seeing you would harm them in some way. This can be very hard to prove in court.

Can I Get Custody of My Grandchild if the Child is Already Living With Me?

If your grandchild has been living with you for a while, you may have a stronger case for getting legal rights. Texas law recognizes something called "standing" based on a child's residence. If a child has lived with you for at least six months (or at least three months if the child is under three years old), you may be able to ask the court to give you some legal rights.

This does not mean you automatically get custody or visitation. You still need to prove that having these rights is in the child's best interest.

What Should I Do if My Adult Child is Preventing Me From Seeing My Grandchildren?

If your adult child is keeping you from seeing your grandchildren, the first step is usually to try to work things out without going to court. Family counseling or mediation can sometimes help.

If talking it out does not work, you may need to consider legal action. Before you file anything with the court, you should speak with a lawyer who understands Texas family law. A lawyer can tell you honestly whether you have a strong case. 

For a judge to go against what parents want, grandparents must show clear evidence that the parents are harming the child by keeping the grandparent away. It is not enough to show that you love your grandchildren or that you could give them a nice home if needed. You need to prove that the child will actually suffer harm without your presence in their life.

Keep in mind that going to court can make family relationships even worse. It is expensive, stressful, and time-consuming. You need to carefully weigh whether legal action is worth it in your situation.

Call a Fort Worth, TX Family Lawyer for Grandparents' Rights

Grandparent rights in Texas are complicated. The law strongly protects parental rights, which means grandparents face an uphill battle when seeking visitation or custody. If you need help understanding your rights as a grandparent, our Fort Worth child custody lawyers at The Law Office of J. Kevin Clark P.C. are here to help. 

Our attorneys understand the stress of family legal matters. We are members of the Texas Bar Foundation and the Tarrant County Bar Association. Contact us today at 817-348-6723 to schedule your free consultation.