Family · Grandparent visitation
Grandparent Visitation Rights in Texas
When a grandparent can ask a court for visitation with a grandchild in Texas, who has standing to file, what they must prove, and the special weight the court must give a fit parent's decision. Cited to the statute.
When a grandparent can petition in Texas
The situations that give a grandparent standing to file, and the limits the court applies before it orders visitation over a parent's objection.
Grandparent visitation statutes are frequently litigated and amended after constitutional challenges under Troxel v. Granville. Confirm the current text of Texas Family Code sections 153.432 and 153.433 and recent Texas case law, such as In re Derzapf, before relying on this.
| When a grandparent can petition | What it means |
|---|---|
| At least one parent’s rights are not terminated | Under section 153.433, the court may order access only if at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated. |
| A qualifying condition about the grandparent’s child | The grandparent must be a parent of a parent of the child, and that parent must have been incarcerated in the three months before the petition, found incompetent by a court, be dead, or not have actual or court-ordered possession of or access to the child. |
| An affidavit under section 153.432 | The grandparent must attach an affidavit with supporting facts alleging that denial of access would significantly impair the child’s physical health or emotional well-being. The court dismisses the suit unless those facts, if true, would be enough. |
| Proof of significant impairment | The grandparent must prove by a preponderance of the evidence that denial of access would significantly impair the child’s physical health or emotional well-being. This is the core of the case. |
| What blocks or limits visitation | What it means |
|---|---|
| Presumption a parent acts in the child’s best interest (Troxel) | Texas law presumes a parent acts in the child’s best interest, reflecting Troxel v. Granville. The grandparent carries the burden to overcome that presumption, not the other way around. |
| Significant impairment is a high bar | In In re Derzapf (2007), the Texas Supreme Court held that a child’s lingering sadness from lack of contact with grandparents did not amount to significant impairment. General sadness or a wish for more contact is not enough. |
| Two fit parents with access are a bar | When both parents are fit and have access to the child, a grandparent cannot meet the listed conditions or overcome the presumption, so a court will not order grandparent access over their objection. |
| Adoption can cut off standing | If a nonrelative adopts the child, or both parents’ rights are terminated, a grandparent generally loses the basis to seek access under section 153.433. |
What you can do right now
Concrete, neutral steps for a grandparent or a parent in Texas. This is legal information, not legal advice.
- Confirm you fit a condition under section 153.433
Check that at least one parent’s rights are not terminated and that your own child, the grandchild’s parent, is dead, incarcerated, found incompetent, or without access. Without a listed condition you cannot proceed.
- Gather evidence of significant impairment
Because you must prove that denial of access would significantly impair the child’s physical health or emotional well-being, collect specific evidence beyond general sadness before you file the required affidavit.
- Try mediation, then consult a family-law attorney
Mediation may restore contact without a hearing. If it does not, a family-law attorney or the State Bar of Texas referral service can explain the significant-impairment burden after In re Derzapf.
Grandparent visitation is decided case by case and turns on standing and the child's best interest. A licensed family-law attorney can explain your options; the state bar can refer you to one.
→ State Bar of Texas, Lawyer Referral and Information ServiceThis is general legal information, not legal advice. Standing and the standard turn on the exact statute, current case law, and the facts of your family, so confirm your situation against the statute and talk to a lawyer.
What families in Texas get wrong about grandparent visitation
Texas lets a grandparent seek reasonable possession of or access to a grandchild under Family Code section 153.433, but the burden is high. The court may order access only if at least one biological or adoptive parent still has parental rights, and only if the grandparent overcomes the presumption that a parent acts in the child’s best interest by proving, by a preponderance of the evidence, that denial of access would significantly impair the child’s physical health or emotional well-being. The grandparent must also be the parent of a parent of the child, and that parent must be incarcerated in the three months before the petition, found incompetent, dead, or without actual or court-ordered access to the child. Section 153.432 requires the grandparent to attach an affidavit with supporting facts, and the court dismisses the suit unless those facts, if true, would be enough. This structure reflects the U.S. Supreme Court decision Troxel v. Granville, which requires that a fit parent’s decision be given special weight. In In re Derzapf (2007), the Texas Supreme Court held that a child’s lingering sadness from lack of contact with grandparents did not meet the significant-impairment standard. This is legal information, not legal advice.
Common questions
Can grandparents get court-ordered visitation in Texas?
Yes, but a high bar applies. Under Family Code section 153.433 a grandparent may seek access only by overcoming the presumption that a parent acts in the child’s best interest and proving that denial would significantly impair the child, plus meeting a listed condition.
What must grandparents prove in Texas?
They must prove by a preponderance of the evidence that denial of access would significantly impair the child’s physical health or emotional well-being, file the required affidavit, and show a listed condition such as the parent being dead, incarcerated, incompetent, or without access.
Can two fit parents block grandparent visitation in Texas?
Yes. When both parents are fit and have access, a grandparent cannot meet the conditions or overcome the presumption that the parents act in the child’s best interest, so a court will not order access over their objection.
Does adoption end grandparent visitation rights in Texas?
Generally yes. If a nonrelative adopts the child, or both parents’ rights are terminated, a grandparent loses the basis to seek access under section 153.433.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.