Can Grandparents Get Visitation Rights in Texas?

 Posted on May 27, 2026 in Child Custody

Divorce reshapes families in ways that go far beyond the two people ending their marriage. During divorce, grandparents can find themselves pushed out of grandchildren's lives. If you are a grandparent in Frisco and find yourself in this situation in 2026, Texas law may give you options. A North Texas, TX family law attorney can review your situation and explain whether you have grounds to file a custody or visitation case under Texas family law.

Why Texas Law Makes It Difficult for Grandparents to Get Visitation

Parents in Texas are allowed to decide who their children spend time with. Courts do not question those decisions lightly. A grandparent cannot go to court simply because contact has been limited after a divorce. Wanting to visit with a grandchild is not, in itself, a reason for a court to override a parent's choice. A grandparent also has to file an affidavit with supporting facts showing that denial of access would significantly harm the child’s physical health or emotional well-being.

The burden of proof in grandparent custody and visitation cases falls entirely on the grandparent. These cases take solid, specific evidence that the child is being harmed by the loss of contact. A general claim that the child misses the grandparent will not be enough.

What Grandparents Must Prove to Get Visitation Rights in Texas

Texas Family Code Section 153.433 sets out what a grandparent must prove to get court-ordered visitation over a parent's objection. All three of the following must be true:

• At least one biological or adoptive parent must still hold parental rights. If both parents' rights have been terminated, the path to grandparent visitation closes in most cases.

• The grandparent must prove that denying access would significantly harm the child's physical health or emotional well-being. Showing that visits would benefit the child is not enough. The law requires evidence of actual harm from the denial.

• The grandparent must be the parent of one of the child's parents. 

• One parent must have been incarcerated in the three months before filing, found legally incompetent by a court, or deceased. A parent who has lost actual or court-ordered possession of the child also qualifies.

Courts will not grant visitation just because a grandparent and grandchild were once close. All the above requirements must be met, and the evidence must be concrete.

How Grandparents Can Qualify for Visitation After a Parent Dies or Goes to Prison in Texas

When one parent dies or goes to prison, the surviving parent may cut off contact with that parent's family. This is where Section 153.433 most often applies. If you are the parent of the child's deceased or incarcerated parent, you may have standing to bring a case. Standing means you have a legally recognized reason to ask a court to hear your request. It does not guarantee that the court will grant visitation. It simply means you have the legal right to ask a judge to consider it.

The court still requires evidence of harm to the child, not just proof of a prior relationship. Good records strengthen your case. Photos, school involvement, medical appointments, and regular communication all help show the depth of your bond with your grandchild. Testimony about how the loss of contact has changed the child's behavior or mood can also carry real weight in court.

When Grandparents Can Seek Custody Instead of Visitation in Texas

Visitation and custody are two different things. Custody, called conservatorship in Texas, gives a grandparent the right to make decisions for the child. Conservatorship means the grandparent takes on a legal parenting role, with authority over things like education and healthcare. It can also give the grandparent the right to have the child live with the grandparent. The legal bar for conservatorship is higher than it is for visitation.

A grandparent seeking conservatorship must show that the child's current home poses a real risk of harm. Both parents may agree to the arrangement, or there may be clear enough evidence of abuse or neglect that parental consent is overridden by the court. Substance abuse and domestic violence are two of the most common reasons courts consider awarding conservatorship to a grandparent. If granted, conservatorship carries long-term legal responsibilities, not just scheduled visits. It is also worth knowing that a grandparent awarded conservatorship may be required to pay child support, depending on how the order is structured.

Contact a Frisco, TX Family Law Attorney About Grandparent Rights

If you are a grandparent who has lost regular contact with a grandchild and want to understand your legal options, an attorney can help you evaluate whether you have grounds to file. Contact the North Texas child custody lawyer at Moore Family Law, P.C. to schedule your initial consultation. Call 214-764-8033 today.