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Austin Grandparents’ Rights Attorneys

Grandparent Custody & Visitation Rights in Texas

It is possible for a grandparent to obtain custody or rights of access to his or her grandchild, but it is extremely difficult. The Texas Legislature passed several laws limiting the rights of grandparents to rare and special circumstances. These circumstances may include child abuse and/or neglect, family violence, drug and alcohol use, or other situations which place your grandchild’s physical safety or emotional well-being in danger.

If you believe that your grandchild’s physical health or emotional well-being is impaired, you should consult with an experienced Austin family law attorney to determine your rights to your grandchild. Stinson Moyle, PLLC has experienced attorneys and staff, and we will help you achieve what is best for you and your grandchild.

Give us a call at (512) 948-3688 to discuss your custody rights and options as a grandparent.

Can I Get Custody of My Grandchild?

Obtaining custody of a grandchild is very difficult. In Texas, a grandparent can request custody of a grandchild when the grandchild’s safety is in danger. Texas Family Code provides that a grandparent can file a lawsuit for custody of his or her grandchild if the grandparent can show that the request for custody is necessary.

A grandparent must prove that custody is necessary because:

  • The child's present circumstances would significantly impair the child's physical health or emotional development; or
  • Denying the grandparent access to the child would significantly impair the child’s health or emotional well-being; and
  • The grandparent is the parent of a parent of the child who has been imprisoned, found incompetent, does not have custody of the child, or is deceased.

Can I Get Visitation With My Grandchild?

Obtaining visitation rights with a grandchild is also difficult and rare. In Texas, grandparents can request visitation to a grandchild in only very limited circumstances. The grandparent must be able to show that the parent does not have actual or court-ordered possession of the child and the parent is unavailable due to being incarcerated, deceased, or legally incompetent. The grandparent must also show that he or she being completely denied access to his or her grandchild and that the denial results in significant impairment to the grandchild’s physical and/or emotional well-being.

Whether you are seeking custody or visitation with your grandchild, our Austin grandparents’ rights lawyers can help you understand your rights. We will work closely with you and fight to achieve what is best for you and your grandchild.

To get started, call (512) 948-3688 and arrange a confidential consultation and review of your case.