The Rights of Grandparents in Divorce Matters in Texas

Helpful Information from The Law Office of Patrick O’Fiel, P.C.

When marriages fall apart, it’s not just parents and children who suffer. Many grandparents have made substantial contributions to the growth and development of their children’s children, and have formed strong family ties with their grandchildren. Texas, like many states, recognizes the importance of the role of grandparents in the lives of children. This blog post identifies the ways that Texas law protects the rights of grandparents and provides them with avenues of relief in the aftermath of divorce.

In Texas, a grandparent can go into court and seek visitation of a minor grandchild, and the court will consider it, if it believes that granting visitation is in the child’s best interests. One of the following conditions must also exist for there to be a grant of visitation to a grandparent:

  1. at least one of the parent’s rights have not been terminated;
  2. the grandparent proves the remaining parent is unfit and the denial of grandparent visitation would significantly harm the child; and
  3. the grandparent is the parent of the parent and that parent
    A. has been incarcerated for 3 months;
    B. is found incompetent;
    C. is dead;
    D. does not have actual court-ordered possession.

A grandparent can also request custody of a child, which encompasses more rights than just visitation, if the grandparent can prove that both parents are unfit and that giving custody of the child to the grandparent is in the best interest of the child.


At The Law Office of Patrick O’Fiel, P.C. we have more than 10 years of practice experience. To schedule a personal and confidential meeting with an experienced Texas grandparents’ rights attorney, complete our intake form or call us at (830) 331-5977.

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