Texas Department of Aging and Disability Services

Legal

Grandparent visitation

Today, all 50 states have some type of grandparent visitation law. Grandparents' rights generally apply to two issues: custody of a grandchild and visitation privileges. A grandparent may file suit requesting custody if they believe it is in the child's best interest. Visitation statutes vary widely from state to state on crucial details such as who may petition for visitation rights, under what circumstances a grandparent may file such a petition, and on what legal grounds the petition will be granted. In Texas, a court can authorize a grandparent visitation of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists:

  • The child's parent has been incarcerated, found incompetent, or died;
  • The parents have divorced;
  • The child has been abused or neglected by a parent;
  • The parent-child relationship has been terminated by court-order; or
  • The child has lived with the grandparent for at least six months.

Visitation statutes, however, do not give a grandparent an absolute right to visitation. Furthermore, a grandparent may not request visitation if the grandchild has been adopted by a person other than the child's step-parent.

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Updated: November 2, 2007