Legal Question in Family Law in Texas

Grandparent rights in Texas are very limited and each time the legislature meets, grandparent rights are limited even further.

Grandparents have these rights:

1. If the child has lived with the grandparents for 6 months or more, the grandparents can file an original petition for conservatorship and posession & access.

2. If CPS has filed a suit to remove the children from the parents, the grandparents can intervene and ask to be named the conservators of the children.

3. If the grandparents can prove that the children's emmotional and physical development will be seriously harmed if the children have no contact with the grandparents, then the grandparents can prevail in getting access. However, "access" is not the same as "possession." Access can mean one phone call per year. This is an almost worthless statute, but this is where grandparent rights have wound up in Texas, thanks to the Texas Legislature.