Texas Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the grandparent’s child has been incarcerated in jail or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead; if the parents are divorced or have been living apart for the three months period preceding the filing of the application or if a suit for dissolution of the marriage is pending; if the child has been abused or neglected by a parent; the child has been adjudicated to be a child in need of supervision or a delinquent; the grandparent’s child has had their parental rights terminated; or if the child has resided with the grandparent for at least six months in the twenty-four month period preceeding the filing of the application. V.T.C.A., Family Code § 14.03.

When Adoption Occurs: None

Child Custody Statutes: Factors: (1) qualifications of the parents; and (2) any evidence of intentional use of abusive force against spouse or any person under age 18 within the past 2 years. V.T.C.A. F.C. §14.01.

Parents May Choose: Yes

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