Legal Question in Family Law in Texas

Grandparent rights can be found at:

Texas Family code: � 102.004. STANDING FOR GRANDPARENT OR OTHER PERSON. (a)

In addition to the general standing to file suit provided by Section

102.003, a grandparent may file an original suit requesting

managing conservatorship if there is satisfactory proof to the

court that:

(1) the order requested is necessary because the

child's present circumstances would significantly impair the

child's physical health or emotional development; or

(2) both parents, the surviving parent, or the

managing conservator or custodian either filed the petition or

consented to the suit.

(b) An original suit requesting possessory conservatorship

may not be filed by a grandparent or other person. However, the

court may grant a grandparent or other person deemed by the court to

have had substantial past contact with the child leave to intervene

in a pending suit filed by a person authorized to do so under this

subchapter if there is satisfactory proof to the court that

appointment of a parent as a sole managing conservator or both

parents as joint managing conservators would significantly impair

the child's physical health or emotional development.

(c) Possession of or access to a child by a grandparent is

governed by the standards established by Chapter 153.

And Texas Family Code: � 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. The

court shall order reasonable possession of or access to a

grandchild by a grandparent if:

(1) at the time the relief is requested, at least one

biological or adoptive parent of the child has not had that parent's

parental rights terminated;

(2) the grandparent requesting possession of or access

to the child overcomes the presumption that a parent acts in the

best interest of the parent's child by proving by a preponderance of

the evidence that denial of possession of or access to the child

would significantly impair the child's physical health or emotional

well-being; and

(3) the grandparent requesting possession of or access

to the child is a parent of a parent of the child and that parent of

the child:

(A) has been incarcerated in jail or prison

during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered

possession of or access to the child

There is additional law on the subject, and if you are pursuing this, you should retain a family lawyer; as the rights are limited, but sometimes still available.