Legal Question in Family Law in Texas
what are the circumstances for a grandparent to get visitation without a parents approval
2 Answer from Attorneys
If the grandparent's child is still in the picture (I.e., parenting the grandchild, rather than dead, in prison, etc.), then the grandparent does not have any rights at all to see the grandchild absent agreement of the parent. If the grandparent's child is not around to say yes or no, then there is a specific procedure in the Family Code to request a family court to allow access to the child.
The easiest way to think of it is that the grandparent's rights are only whatever they can get through their own child, because parental rights control. If their child will let them see their grandchild, great, but if they won't, that's their right as a parent, just like they get to say the grandchild goes to a certain school, can't have chocolate cake unless they eat their dinner first, and can't play with little Johnny down the street.