Divorce shatters the whole family, especially when children get involved. The separation of parents has an immense effect on the child. 

Typically, in divorce, one parent gets child custody while the other non-custodial parent gets allocated visitation rights. However, in Texas, grandparents also have certain but limited rights over their grandchildren.

Texas law does not always go in favor of grandparents. Remember, it’s not going to fly without a Family law attorney in Houston when seeking visitation or custody rights for a grandchild.

Grandparents having concerns about the good grandchildren can explore their legal avenues. 

Being a grandparent, if you think your grandchild can get harmed physically and emotionally by the parent, you can seek custody.

No contact of the child with grandparents can hinder his/her emotional development. In such cases, the grandparent can seek visitation rights. Consulting a family law attorney in Houston will help you understand your rights as a grandparent.

Family law attorney  in determining the Grandparent Rights and options

While allocating visitation or custody rights to grandparent, the court considers certain aspects and needs evidence regarding the same. The family lawyer in Houston will help in proving your point. 

The family lawyer will help you prove the environment in which the child lives can hinder his/her physical and mental development. The child custody attorney Dallas, Tx, and Houston can help you get custody. Read more about child custody attorney Dallas, Tx. 

The grandparent has the custody of the child if the custodial parent:

  • Consumes drug
  • Alcohol abuse
  • Alleged child abuse, sexual abuse, or neglect child
  • Incarceration
  • Being deemed or unfit for the child

Though grandparents have limited rights in Texas, a family lawyer can help in visitation or custody for a valid reason.

Family Law attorney Houston in grandparent visitation rights:

Under Texas law, a grandparent has the right to file a lawsuit for access to the grandchild. While approaching visitation rights, the grandparent has not only to show the benefit. But also prove that denying access could impair the child’s physical health and mental development.

The family lawyer in Houston can help prove the child’s best interest by getting the help of healthcare professionals.

The family attorney will build and present a successful case with essential evidence to meet the challenging burden of proof. The court may consider certain situations to order good possessions or access. 

Texas’ grandparent statute permits the visitation when:

  • The child’s parent get incarcerated
  • The court found the parent incompetent
  • The parent gets deceased
  • The parent does not have 
  • The parent lag actual or court-ordered possession
  • Still, one parent has parental right
  • Grandparents prove that denying access could negatively impact the child

In conditions when both parents have died, terminated their parental rights, or the child gets adopted, the grandparents cannot sue for possession or access.

Family Law attorney Houston in grandparent Custody rights:

In some families, grandparents play a vital role in raising the grandchildren. Sometimes the parent fails to fulfill the needs of the child. So, the grandparents, at some point, think of getting full custody of the child. Click here to know how can family law attorney Houston can help you in child custody.

Though Houston law values healthy grandparent and grandchild relationships, it gives the most value to the parent-child relationship. So, when seeking custody, the grandparent must prove certain things.

When can the grandparents have child custody in Houston, Tx:

The family court may appoint a child’s permanent managing conservatorship (PMC) to a legally responsible person. The grandparent may file for the child’s PMC, if:

  • The grandparents were the caretaker for at least six or more months, but not more than 90 days before filing the case.
  • If the parent, conservator, or guardian died, the grandparent file a lawsuit for custody. The grandchild and his conservator or parent lived with you for a minimum of six months, but not more than 90 days before filing.
  • The current living situation can harm the child
  • Both the parents or the conservator agreed to make the grandparents conservators.

The grandparent can file for child custody even without having possession for six months. The grandparents will have to prove that the parent is not fit for the child.


If you have concerns about your grandchild and you think access to your grandchild will be in his/her best interest, you can file a lawsuit. The family law attorney Houston can help you in the process of custody and visitation. Through a lawyer, you may know your rights and the way to pursue them. The family law attorney will solve all your queries, and you fight for your rights as a grandparent.