Texas Grandparents’ Rights Lawyer in Austin

Grandparents often play a critical, stabilizing role in a child’s life—especially during times of family conflict. In Texas, however, the legal system gives biological parents significant constitutional rights, making it difficult for grandparents to seek custody or visitation without meeting strict legal standards.

If you’re a grandparent in Austin concerned about a grandchild’s welfare—due to parental absence, abuse, or a hostile family dynamic—you need an experienced Texas grandparents’ rights lawyer on your side.

Ben Carrasco, a Stanford-educated, board-certified family law attorney, brings unmatched skill and courtroom experience to help grandparents assert their rights when it matters most. Whether you’re seeking legal custody, visitation, or conservatorship, we can help you navigate the complex legal terrain and fight for your grandchild’s well-being.

Ben Carrasco

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We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.

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Understanding Grandparents’ Rights in Texas

Texas law does not grant automatic rights to grandparents. Instead, grandparents must meet certain legal thresholds to even request visitation or custody. These rights are governed by constitutional protections of parental authority, relevant statutes in the Texas Family Code, and long-standing Texas Supreme Court interpretations—all of which prioritize the rights of fit parents to make decisions regarding their children.

What Is “Standing” in Grandparents’ Rights Cases?

In Texas, the first legal hurdle is standing: your right to bring a case in court. A grandparent does not automatically have standing to file for custody or visitation. Standing is a procedural gateway—if you don’t qualify, the court will dismiss your case without even hearing the facts. Under Tex. Fam. Code § 102.004, a grandparent may establish standing to file for possession or access if they can show that:

The child has lived with you for at least six months.
You’ve had actual care, control, and possession of the child.
There’s a risk of significant physical or emotional harm if you are denied access.

Conservatorship vs. Possession and Access

If you have standing, the next step is understanding what type of relationship you’re asking the court to order:

Conservatorship: This is Texas’s term for child custody. A grandparent seeking conservatorship may become the child’s primary managing conservator (making significant decisions about the child) or possessory conservator (limited rights without decision-making authority).
Possession and Access: Commonly called “visitation,” this refers to scheduled time with the child, without the full responsibilities of custody.

Each request carries a different burden of proof, and courts apply strict standards when a non-parent seeks to limit or override a parent’s authority.

Parental Constitutional Rights vs. Grandparents’ Claims

The U.S. Supreme Court case Troxel v. Granville (2000) confirmed that parents have a fundamental constitutional right to raise their children as they see fit, including limiting or denying a grandparent’s access. This means that Texas courts will presume a fit parent’s decisions are in the child’s best interest, even if those decisions cut off contact with a grandparent. To overcome that presumption, you must show:

The parent is unfit or unable to care for the child, or
Denial of access would significantly impair the child’s physical or emotional development.

This is a high bar, but with the proper legal strategy from a lawyer who understands grandparents’ rights in Texas, it is not insurmountable.

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When Can Grandparents Seek Custody or Visitation?

Texas law provides limited but powerful opportunities for grandparents to step in when a child’s safety or stability is at risk. Courts typically allow a grandparent to seek custody or visitation under the following conditions:

Grounds for Custody or Conservatorship

A grandparent may file for custody if:

The child’s parent has died, been incarcerated, or found unfit
The child has lived with the grandparent for at least six months
CPS has removed the child from the home and placed them with the grandparent
There’s clear evidence that remaining with the parent would endanger the child’s physical or emotional development

Under Texas Family Code § 102.004, the court may grant custody to a grandparent if doing so is in the best interest of the child, and one of the statutory conditions is met.

Visitation Requests

Grandparents may request court-ordered visitation if:

The parents are divorced
One parent is incarcerated, incompetent, or deceased
The child has been neglected or abused
The parent-child relationship has been legally terminated

The court must find that denial of access would significantly impair the child’s well-being. This means simply being emotionally close to a grandchild is not enough—you must demonstrate real psychological harm if visitation is denied.

grandparents playing with their grand daughter

grandparents playing with their grandson

Six-Month Residency Rule & 90-Day Clause

If a grandchild has lived with you for at least six months, you may qualify for standing to seek custody. However, this residency must have ended no more than 90 days before the legal filing. Courts strictly enforce this timing requirement.

Custody vs. Visitation: What’s the Difference?

Understanding where your situation falls along the spectrum of custody and visitation is key to filing the correct petition. Here’s a breakdown:

Legal Option	Definition	Standard to Qualify
Conservatorship	Legal custody and decision-making authority	Endangerment + Best Interest
Possession & Access	Visitation rights (limited time)	Significant impairment without access

Legal Option	Definition	Standard to Qualify
Conservatorship	Legal custody and decision-making authority	Endangerment + Best Interest
Possession & Access	Visitation rights (limited time)	Significant impairment without access

The Legal Process for Asserting Grandparents’ Rights in Texas

Bringing a grandparents’ rights case requires strategic planning, strong evidence, and a clear understanding of procedural rules. As an experienced Texas grandparents’ rights lawyer, Ben Carrasco will guide you through this often-complex process.

Step-by-Step Legal Process

1. File a Petition:

You must file in the district court where the child resides.

2. Establish Standing:

Demonstrate your legal right to bring the case.

3. Provide Evidence:

Gather documentation proving a significant bond or history of care, such as:

- School records
- Medical or dental payments
- Photos or communication logs

4. Serve the Parents:

Provide formal notice to the child’s legal parents or guardians.

5. Attend Hearings or Mediation:

Courts may require mediation or hold a contested hearing.

6. Meet the Burden of Proof:

Prove that denial of access would harm the child or that conservatorship is necessary.

Burden of Proof: Significant Impairment

This is not a general “best interests” test. You must present clear, specific evidence that your absence would cause actual harm, not just emotional distress. Failing to meet this burden is the most common reason these cases are denied. Judges often look for:

History of primary caregiving
Documentation of neglect or abuse by parents
Psychological evaluations or expert testimony

Legal Precedents Impacting Grandparents’ Rights

Several key cases and statutes govern how Texas courts evaluate and rule on grandparent petitions.

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Troxel v. Granville (2000)

In this U.S. Supreme Court case, the Court ruled that the Due Process Clause of the 14th Amendment protects a parent’s fundamental right to make decisions concerning the care of their children. This case set a high constitutional bar that state courts—including Texas—must respect.

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Texas Family Code § 153.433

This statute outlines the exact conditions under which a court may grant grandparent visitation. Courts interpret it narrowly due to constitutional concerns.

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Federal Influence: PKPA & UCCJEA

The Parental Kidnapping Prevention Act (PKPA) and Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establish which state has jurisdiction in multistate custody disputes. If your grandchild has recently moved, these laws may control where you file your case.

Parent Objections and Constitutional Protections

If a child’s parent objects to your petition, the law presumes that their decision is correct. This is rooted in constitutional protections for parental autonomy. But, do grandparents have rights in Texas to contest these decisions when it’s in the child’s best interest? To succeed, you must:

Provide evidence of parental unfitness, absence, or abuse
Show that your requested access is essential to avoid harm
Avoid language that implies disagreement with parenting style alone

Even if the parent is estranged or vindictive, Texas courts will not override parental rights without strong, documented evidence of harm. This is where an experienced litigator like Ben Carrasco can make a significant difference. With deep knowledge of trial strategy and constitutional law, he builds compelling, admissible cases that meet the state’s evidentiary standards.

Mediation and Alternative Dispute Resolution for Grandparents

Not every grandparents’ rights case needs to go to trial. In fact, Texas courts often encourage mediation—a private, structured negotiation where both sides work with a neutral third-party mediator to resolve disputes.

Benefits of Mediation

Avoids public court hearings
Preserves family relationships
Allows for customized, enforceable agreements
Often faster and less expensive than litigation

Mediated agreements are legally binding if properly documented and filed with the court. However, you should never enter mediation without guidance from a Texas grandparents’ rights lawyer. Unrepresented grandparents face legal complexities and power imbalances, making it extremely difficult to navigate these cases alone.

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grandmother holding baby

smiling grandparents with baby

Grandparent Guardianship in Texas

Temporary vs. Permanent Guardianship

Temporary guardianship may be appropriate in emergency situations, such as a parent’s hospitalization or substance abuse rehab.
Permanent guardianship is typically court-ordered when both parents are unable to care for the child long-term.

To qualify, you must:

Show that the parent is unavailable, unfit, or has delegated care to you
Pass a criminal background check
Demonstrate the capacity to care for the child financially and emotionally

Local Austin Considerations and Court Insights

The success of a grandparents’ rights petition often hinges on local court practices and judicial discretion. In Travis County and the greater Austin area, judges take a fact-intensive approach that weighs:

Stability and safety of the home environment
History of caregiving or emotional dependence
The parents’ objections and their basis

Judges in Austin tend to value evidence-based arguments, so hearsay and emotional appeals are less effective than documented proof. <h3style=”font-weight: 400;”>Attorney Ben Carrasco has represented grandparents throughout Austin and surrounding counties, earning a reputation for sharp courtroom advocacy and deep familiarity with local judicial preferences. This local insight can be decisive in close cases.

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Frequently Asked Questions

Can grandparents obtain custody of their grandchildren in Texas?

Yes, but only under limited circumstances. You must show that the parents are unfit, absent, or that custody is in the child’s best interest due to endangerment or instability.

What qualifies a grandparent for visitation rights in Texas?

You must prove that the parent is absent, incarcerated, or that denial of access would significantly impair the child’s well-being.

How long does the legal process take?

Every case is unique. The timeline for grandparents’ rights cases depends on whether the case is contested, involves mediation, or proceeds to trial.

Will a criminal record or prior family conflict affect my case?

Possibly. A past criminal conviction or family estrangement may weaken your petition. However, context matters—each case is fact-specific.

Can I get visitation if my grandchild was adopted?

Generally, no. If a child has been adopted by non-relatives, prior grandparents’ rights are usually extinguished.

What if I’m denied visitation by my own child?

This is common. But unless you can prove that denial is harming the child, the court will defer to the parent’s decision under Troxel v. Granville.

Why Choose Ben Carrasco as Your Texas Grandparents’ Rights Lawyer

Ben Carrasco isn’t just another family law attorney. He’s a Stanford-educated, board-certified Texas family lawyer with a proven track record of representing grandparents in complex, high-conflict custody cases.

Trial-Tested Litigator: Ben has the courtroom experience to meet the strict legal standards these cases demand.
Client-Centered Approach: Every case receives a personalized strategy and meticulous preparation.
Local Reputation: Known and respected in Austin’s legal community.

Get Legal Help Today: Protect Your Grandchild’s Future

If you believe your grandchild is at risk—or if you’re being unfairly cut out of their life—waiting can make your legal position worse. Courts will not grant rights retroactively, and delay often works in favor of the parent’s legal standing.

At the Law Office of Ben Carrasco, we help grandparents across Austin assert their rights with clarity, force, and compassion. Your case will be handled with complete discretion and an unwavering focus on your grandchild’s future.

Don’t wait. Contact a Texas grandparents’ rights lawyer today to schedule a confidential consultation.

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