Houston Grandparent's Rights Lawyer

Grandparents, aunts, uncles, siblings, and other non-parents play an important part in many children's life and continuing that relationship is vital to the child's success and protecting the child's best interest. Fight to maintain your relationship by calling us today!
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Understanding the Process

Intervening Only

​Under the circumstances listed above, grandparents can only file an intervention into a pending suit affecting the parent-child relationship.


File Suit

However, grandparents can file an original suit requesting possessory conservatorship if the child has lived with the grandparents for at least six months during the past two years. 


Merely Regular Access 

Grandparents who do not want to be responsible for making important decision on behalf of the child, and merely want regular access to the child can ask that the court grant them access if:

At least one of the parent's rights has not been terminated by a court order;

 Access is in the best interest of the child;

The grandparent's child has been incarcerated for at least 3 months; has been found incompetent, or the has passed away; and

Denial of access between the grandparents and the child would significantly impair the child's physical health or emotional development.

Managing Conservator vs. Possessory Conservator

Grandparents seeking managing conservatorship or visitation with a child will be responsible for making important decisions on behalf of the child. Grandparents seeking to be awarded managing conservatorship of the children must establish standing and prove, the appointment of the parents as managing conservators would not be in the child's best interest because the appointment would significantly impair the child's physical health or emotional development, and one of the following:

 The grandparents had actual care, control, and possession of the child for at least six months, and at least 90 days prior to filing the original suit the grandparents had possession of the child; or
 Both the child's parents have lived with the grandparents for at least six months, and at least 90 days prior to filing the original suit the child and the parents lived with the grandparents; or
 Both the child's parents, the surviving parent, or the managing conservator have either filed a suit for the grandparents or they have agreed that the grandparents should be named as the child's managing conservator. ​​

Grandparents seeking possessory conservatorship or visitation with a child will be responsible for making important decisions on behalf of the child. Grandparents do not have an absolute right to visitation. Texas allows the child's parents to raise their children as they wish, as long as the parent's actions are in the best interest of the child. However, grandparents can ask that a court name them as the possessory conservator of their grandchild if visitation is in the best interest of the child, the grandparents have had significant past contact with the child and the denial of access would present an emotional or physical danger to the child , at least one of he child's parent's parental rights have not been terminated, and one of the following circumstances exists:

The child's parents are divorced or have been living apart for at least three months;
The child's parents abused or neglected the child;
 The grandparent's child has been incarcerated for at least 3 months;
 The grandparent's child has been found incompetent;
 The grandparent's child has passed away; or 
 A court-order terminated the grandparent's child's parental rights. 
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