The Law Office of Beth A. Klein, P.C.

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Grandparent Rights


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.

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