Grandparents And Visitation
Fam. Code 153.433 — overcoming the parent's presumption by showing significant impairment
In Texas, the court may order reasonable possession of or access to a grandchild by a grandparent only if all of these are met:
- At least one biological or adoptive parent still has parental rights.
- The grandparent overcomes the presumption that a parent acts in the child's best interest, by proving by a preponderance of the evidence that denying access would significantly impair the child's physical health or emotional well being.
- The grandparent is the parent of a parent who has been in jail or prison in the three month period before the petition, has been found incompetent, has died, or does not have possession of or access to the child.
An order granted over a parent's objection must state each of those findings with specificity. Whether a petition can succeed is a question for the court and for a licensed Texas attorney.
Sources for this section (1)
- Fam. Code 153.433 — Possession of and access to grandchild
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.