Grandparents are often the steady hands in a child’s life—caregivers, mentors, and the family’s memory-keepers. Texas law recognizes that role, but it also gives substantial deference to parents’ rights to make decisions for their children.
Two very different paths: “access/possession” vs. “conservatorship”
Texas law separates grandparent requests into two broad categories:
1. Possession or Access (often called “grandparent visitation”)
A biological or adoptive grandparent can file a case specifically to ask for court-ordered time with a grandchild. There are strict requirements (more on those below), and an affidavit is required at filing.
2. Conservatorship (custody-type rights)
A grandparent seeking to be appointed a managing or possessory conservator must first have standing to file. To get in the courthouse door for managing conservatorship, a grandparent must show the child’s present circumstances would significantly impair the child’s physical health or emotional development—or that both parents (or the surviving parent/appointed conservator) consent.
Understanding which path you’re on matters: the evidence you’ll need and the procedural steps differ.
Asking for court-ordered time (access/possession) as a grandparent
To request possession or access, a grandparent files a petition and must attach a sworn affidavit stating facts showing that denial of possession or access to the grandparent “would significantly impair the child’s physical health or emotional well-being.” If the affidavit doesn’t meet that threshold on its face, the court must dismiss the suit. This affidavit screens out cases where the dispute is essentially a disagreement between a grandparent and a fit parent.
Even when the affidavit suffices, a court may order grandparent access only if the following is proven:
- At least one parent still has parental rights.
- The grandparent overcomes the fit-parent presumption by proving that denying access would significantly impair the child’s physical health or emotional well-being.
- The grandparent is the parent of a parent who has been incarcerated in the last three months, is incompetent, deceased, or lacks actual or court-ordered possession/access.
Seeking a bigger role: conservatorship standing for grandparents
Grandparents sometimes need more than visits—especially when a child’s safety or stability is at stake. To pursue managing conservatorship, a grandparent must show that the order requested is necessary because the child’s current circumstances would significantly impair the child’s physical health or emotional development. Alternatively, both parents (or the surviving parent/appointed conservator/custodian) may file or consent to the suit.
Bottom line
Texas gives grandparents a meaningful, though carefully limited, pathway to court-ordered time or a larger caregiving role. Success usually turns on clear, concrete evidence that the child will be significantly harmed without the court’s help—not simply that the grandparent–grandchild bond is valuable (which courts readily acknowledge). Before filing, assess which legal path applies and gather strong facts.
If you’re a grandparent weighing next steps, contacting Anderson Legal Group P.C. about your specific facts—strategy, standing, and evidence—can make all the difference.