Grandparent Rights Frequently Asked Questions:
Yes. A biological or adoptive grandparent may request access to a grandchild, and the Court shall order reasonable access if all requirements of
Texas Family Code Chapter 153.432-153,434 are met.
Yes, a grandparent (or any other person) may request custody of a grandchild if they have had actual care, control, and possession of the child for at least six months ending no more than 90 days preceding the filing of their petition for custody (an original suit affecting parent-child relationship) or if it can be shown that custody is necessary because the child’s present environment presents a serious question concerning the child’s physical health or welfare; or the parents, surviving parent, or the managing conservator files the petition or consents to the grandparents having custody. Again, as in the case of parents who seek custody, the Court will start with the “best interest of the child” test.
First discover whether there has been any other court action with regards to the child pertaining to custody, visitation, or support. If so, then that Court will likely have “continuing jurisdiction”. Meaning that any future actions brought pertaining to the child should be in that State, that County, that Court. If there has been no other court action pertaining to the child, then suit should be filed in the county where the child resides.