My Child Died and I Want to See My Grandchild

Ashley Green • April 25, 2025

My Child Died and I want to See My Grandchild

The death of a parent is heartbreaking—and it often raises urgent questions about who will care for the child left behind. In Texas, when one parent passes away, custody typically goes to the surviving parent.

Can Grandparents or Relatives Get Custody?
Yes—but it’s not automatic. Texas courts favor placing children with surviving parents unless doing so would significantly harm the child’s physical or emotional well-being. To request custody (called conservatorship), a grandparent or third party must show:

The surviving parent is unfit, OR the grandparent/relative has cared for the child for at least 6 months, and taking the child from them would cause harm.

What About Visitation?
If a grandparent is being denied access to the child after the parent’s death, they can file for court-ordered visitation. They must show:

One parent is deceased, and denial of visitation would harm the child’s emotional or physical well-being.

Act Quickly
If you're a grandparent or relative concerned about a child's care after the loss of a parent, it’s important to act fast. Courts will always prioritize the child’s best interest—but you need legal standing and strong evidence.

Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.

Attorney, Ashley Nicole Green is a  family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com
Schedule a Consultation Today!

Contact Us