Grandparents' Rights to Visitation and Custody in Texas

Grandparents play a large role in many New Braunfels and Comal County families. Some provide daily childcare while parents commute to San Antonio or Austin. Some are raising grandchildren outright. When a divorce, a death or a family rift cuts grandparents off, they often ask whether Texas law gives them rights. The answer is yes, but only in narrow situations and under a demanding standard. This page explains grandparent access and grandparent custody in Texas, and what a family law attorney looks for before recommending a case.

The Parental Presumption

The starting point is constitutional. The U.S. Supreme Court has recognized that fit parents have a fundamental right to make decisions about their children, including who visits them. Texas law reflects that. A court presumes that a parent’s decision about grandparent access is in the child’s best interest.

To overcome that presumption, a grandparent seeking possession or access must prove, by a preponderance of the evidence, that denying access would significantly impair the child’s physical health or emotional well-being (Tex. Fam. Code §§ 153.432–153.433).

When a Grandparent Can Seek Access

In addition to the significant impairment standard, Texas law sets conditions on who may ask. In general terms, a biological or adoptive grandparent may seek access only if:

• at least one biological or adoptive parent of the child has not had parental rights terminated, and
• the grandparent’s own child, who is the child’s parent, falls into a qualifying situation, such as having been incarcerated during the relevant period, having been found incompetent by a court, having died, or not having actual or court-ordered possession of or access to the child.

There are also limits based on adoption. Adoption by someone other than a stepparent generally cuts off grandparent access claims.

What evidence matters

Showing that the grandchild loves you and that visits are good for the child is usually not enough. Courts have looked for more concrete harm, such as:

• the grandparent having been a primary caregiver, so the sudden loss of that relationship causes serious emotional harm
• a child who has experienced the death of a parent and depends on the grandparent as a link to that parent
• documented emotional or behavioral harm linked to the loss of contact, often supported by a counselor or other professional

Testimony from a counselor, psychologist or other professional is frequently important in these cases.

When a Grandparent Seeks Custody

Seeking conservatorship (custody) is different from seeking visitation. A grandparent may have standing to ask to be named a managing conservator in some circumstances, for example:

• when the grandparent has had actual care, control and possession of the child for a set period before filing
• when the child’s present circumstances would significantly impair the child’s physical health or emotional development
• when both parents, the surviving parent, or the managing conservator agree to the suit

Even with standing, a grandparent seeking custody against a parent generally must overcome the parental presumption by showing that appointing the parent would significantly impair the child’s physical health or emotional development. That usually means evidence of specific conduct by the parent, such as substance abuse, neglect or violence.

When CPS is involved

If the Department of Family and Protective Services has removed a child, grandparents may be considered for placement. Grandparents in that situation should speak up early and ask how to be evaluated. See CPS defense.

Practical Paths Before Litigation

Lawsuits against your own child or their former partner can strain families further. Before filing, consider:

1. A calm conversation with the parent, ideally without making demands.
2. Family mediation, which can produce an agreement without court.
3. Offering help, not criticism. Parents are more likely to allow contact when they feel supported.
4. Asking your adult child to include access in their own divorce or custody order. A parent can agree to grandparent time as part of their own schedule.

If those do not work, a lawyer can assess whether you meet the legal requirements.

Grandparents in Comal County Cases

For grandparents in New Braunfels, Canyon Lake, Bulverde, Spring Branch or Garden Ridge, a suit generally goes to the court in the county where the child lives, or to the court that already has continuing jurisdiction over the child. If your grandchild’s parents already have a case in another county, that court may be where you need to file.

Grandparents raising grandchildren

If you are already raising a grandchild without a court order, you may struggle to enroll the child in school, consent to medical care or add the child to insurance. A custody order, or in some cases another legal tool, can solve those problems. If the child has a disability approaching adulthood, or inherits money, a guardianship may come into play. See guardianship of a minor.

Grandparent adoption

When parents cannot or will not care for the child long-term, adoption may be an option, usually after termination of parental rights. See adoption.

Timing and Practical Considerations

Grandparent cases are time-sensitive in a few ways. The longer a grandparent and grandchild are separated, the harder it can be to show that continued separation is causing significant harm, though rushing to court without evidence is not the answer either. Some grandparents first ask for a short consultation to learn what evidence they would need, then work with a counselor or keep records before deciding whether to file.

Cost is another factor. These cases often require testimony from counselors or psychologists, which adds to the expense. An honest early assessment can save a family from a lawsuit that cannot succeed, or help it build the one that can.

If your grandchild’s parents are going through a divorce, it may be possible to raise grandparent issues within that case. See our page on divorce with children.

Talk With a New Braunfels Family Law Attorney

Grandparent cases are difficult, legally and emotionally. We give New Braunfels and Comal County grandparents an honest assessment of whether a case is viable before they spend money on one. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.

Last reviewed November 13, 2026. General information only, not legal advice.