Grandparents' Rights Attorney — Conroe & Greater Houston, TX

Under Texas Family Code § 153.433(a), a grandparent may request reasonable visitation only if at least one of the child's parents has not had their parental rights terminated, and at least one of the following conditions is met:

• › The parent who is the grandparent's child is deceased
• › The parent who is the grandparent's child has been found by a court to be incompetent
• › The parent who is the grandparent's child is incarcerated
• › The court has rendered an order terminating the parental rights of one parent in certain circumstances involving family violence

Meeting a threshold condition is necessary but not sufficient. The grandparent must still prove significant impairment from denial of access — that is the second, equally required hurdle.

Note: Effective September 1, 2025, HB 2350 expanded the degree of consanguinity for relatives filing conservatorship suits from the third to the fourth degree — meaning great-grandparents and other extended relatives now have a clearer path to file a SAPCR. The threshold conditions for grandparent visitation under § 153.433 itself were not changed.

Under Texas Family Code § 153.433(a)(2), the grandparent must prove by a preponderance of the evidence that denial of access to the grandchild would significantly impair the child's physical health or emotional well-being.

This is a demanding standard. Texas courts have consistently held that loss of a beneficial or even close grandparent-grandchild relationship does not by itself constitute significant impairment. Evidence of actual harm — documented emotional regression, behavioral changes tied to the loss of contact, or concrete welfare concerns — is typically what moves the needle.

Effective September 1, 2025, SB 2052 added a codified rebuttable presumption to TFC § 153.002: a parent is presumed to act in the child's best interest, and a nonparent seeking relief must overcome this presumption. In modification cases, the nonparent must rebut the presumption by clear and convincing evidence — a higher standard than the preponderance standard that previously applied.

Yes. Under Texas Family Code § 153.131, a grandparent may be appointed managing conservator of a grandchild by filing a SAPCR and rebutting the parental presumption. The grandparent must show that appointing a parent as managing conservator would significantly impair the child's physical health or emotional development.

Effective September 1, 2025, HB 2350 expanded standing for grandparents and relatives within the fourth degree of consanguinity to request managing conservatorship. SB 2052 added TFC § 102.0031, requiring grandparents filing an original SAPCR to attach an affidavit attesting with supporting facts that denial of the requested relief would significantly impair the child. Courts must dismiss if the affidavit is absent or facially insufficient.

Yes. Under Texas Family Code § 102.004, a grandparent who has had substantial past contact with the grandchild may be permitted to intervene in a pending divorce, SAPCR, or other family law proceeding. Intervention allows the grandparent to become a party, participate in proceedings, and seek their own orders regarding access or conservatorship.

Effective September 1, 2025, HB 2350 substantially restructured § 102.004, adding new subsections distinguishing between relatives within the fourth degree of consanguinity and unrelated persons, and clarifying intervention rights. Relatives within the fourth degree — including grandparents and great-grandparents — have expanded intervention rights under the revised statute.

SB 2052 also established that nonparents intervening in a pending suit must comply with the new affidavit requirement under TFC § 102.0031. A vague or conclusory affidavit will not survive a motion to dismiss.

Consult a family law attorney before taking any action. Texas grandparent visitation law is highly specific and was significantly amended effective September 1, 2025 by HB 2350 and SB 2052. An attorney can assess whether threshold conditions under TFC § 153.433 are met, evaluate whether the new affidavit requirement under TFC § 102.0031 can be satisfied, and advise on realistic options before you file. A deficient affidavit results in mandatory dismissal under the 2025 amendments.

Taking informal action — confronting the parent, involving third parties, or attempting to see the grandchild without the parent's consent — can complicate your legal position. Document your prior relationship with the grandchild, preserve any communications, and speak with an attorney first.