Do grandparents have a legal right to see their grandchildren?

Texas law does not give grandparents an absolute right to visit their grandchildren. However, there are situations where a court can enforce a grandparent's right to visitation.

Section 153.433 of the Texas Family Code allows for visitation if it is in the child's best interest, and one of the following circumstances exist:

• The parents divorced;
• The parent abused or neglected the child;
• The parent has been incarcerated, found incompetent, or died;
• A court-order terminated the parent-child relationship; or
• The child has lived with the grandparent for at least six months.

To request visitation and access to a child, you will need to file a Suit Affecting the Parent-Child relationship (SAPCR). Texas Law Help provides a SAPCR kit with instructions and forms.

If a court order already exists for the child, then a request to modify the order may be filed. Texas Law Help also provides a modification kit with instructions and forms.

If you have questions about grandparents' rights, you may want to contact an attorney. Please see the Legal Help page for information on finding an attorney.

You may also want to review our research guide on grandparents' rights.

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