The Law Office of Beth A. Klein, P.C.
Committed to Achieving the Best Legal Outcome
Grandparent rights, in Texas, is limited. In Texas, unless you are a parent, you have to have standing to bring a lawsuit for custody of a child. There are very specific statutes that govern standing. There are also statutes that govern how grandparents can file for custody in addition to the general standing requirements.
If a grandparent does not have standing to file for custody, Texas law does allow a grandparent to file for possession and access to a grandchild. There are specific statutes that lay out what is required for a grandparent to request possession and access to a grandchild.
In an original suit, there is a presumption in favor of a parent for custody of a child, but there are many exceptions to the presumption. That presumption does not apply to modification proceedings even if the grandparent was not a party to the original suit.
We have filed many original grandparent suit, modification suits, and even intervened into pending lawsuit to request custody and/or access to a grandchild.