Legal Question in Family Law in Texas

Grandparents don't have any rights until the court gives them rights. Grandparents can seek rights one of two ways.

1. Actual Possession: If you've had actual possession of the child for at least 6 months, and the 6-month period ended less than 90 days ago, you might have standing to bring a visitation suit under section 102.003(a)(9) of the Texas Family Code. Note that some appellate courts have said that for this to work, the parents must have abdicated all their parenting responsibilities during that time. For example, you clearly have standing if the parents left the child with you for 6 months and you did all the parenting during that time. You probably can't prevail if the parents and child lived with you and the parents still acted as parents...even if you pitched in on the parenting responsibilities.

2. Current Living Situation is Dangerous. If you believe that the child's present living situation poses an immediate risk to the child's well-being, you may have standing to bring a suit seeking MANAGING conservatorship under section 102.004(a) of the Texas Family Code. You can only seek POSSESSORY conservatorship (visitation rights) by intervening in an on-going suit between the parents. TFC 102.004(b). Suits brought under 102.004 almost never work, in my experience, but depending on your facts, it might work for you. See page 68 of Troxel v. Granville in particular to understand why the field is tilted against grandparents.