Austin Grandparent Rights Lawyer

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

Grandparent Standing Requirements in Texas

Texas law requires grandparents to establish 'standing' before the court will hear their case. This is the biggest legal hurdle. Under Texas Family Code Section 153.433, a grandparent must prove that denial of possession or access would significantly impair the child's physical health or emotional well-being.

Standing is easier to establish when: the grandparent has had substantial, meaningful past contact with the child; one parent is incarcerated, incompetent, deceased, or has had parental rights terminated; the child has been abused or neglected by a parent; or the child previously lived with the grandparent.

The U.S. Supreme Court's Troxel v. Granville (2000) decision complicates grandparent rights nationwide. The Court held that fit parents have a fundamental right to make decisions about their children's care — including whether to allow grandparent visitation. This means Texas courts give special weight to a fit parent's decision to deny access. Eric understands how to navigate these constitutional standards in Texas courts.

Grandparent Visitation vs. Grandparent Custody

Visitation (Possession and Access): Grandparents seek court-ordered time with the grandchild — weekends, holidays, summer visits. This does not affect the parent's custody. The grandparent must prove denial would significantly harm the child.

Custody (Managing Conservatorship): In extreme situations — abuse, neglect, abandonment, substance abuse, incarceration of both parents — grandparents can seek full custody. This requires proving by a preponderance of evidence that the child's present circumstances would significantly impair their physical health or emotional development. This is a higher standard than visitation and requires substantial evidence.

Kinship Care: When CPS removes a child from a parent's home, grandparents are given priority placement consideration. This is different from a custody lawsuit — it's part of the CPS process. Eric helps grandparents navigate both pathways.

Building a Strong Grandparent Rights Case in Austin

Document your relationship: photos, videos, text messages, school pickup records, birthday celebrations, holiday traditions. The more evidence of a meaningful, ongoing relationship, the stronger your case. Document the parent's unfitness (if seeking custody): police reports, CPS records, criminal history, substance abuse evidence, medical records showing neglect.

Hire an attorney experienced in grandparent rights — these cases involve unique constitutional standards that general family law attorneys may not be familiar with. Eric has handled grandparent rights cases in Travis, Williamson, Hays, and Bastrop county courts.

When CPS Is Involved — Grandparent Kinship Placement

When Child Protective Services removes a child from a parent's home, Texas law gives priority to relative placement — including grandparents. If CPS contacts you about taking placement of your grandchild, you have rights and options. Eric helps grandparents navigate the CPS process, understand their obligations as kinship caregivers, and — when appropriate — transition from temporary kinship placement to permanent legal custody.

Kinship caregivers may be eligible for financial assistance, including a monthly stipend, Medicaid for the child, and support services through the Texas Department of Family and Protective Services. Eric ensures grandparents understand all available benefits.

Why Austin Grandparents Need an Attorney

Grandparent rights cases are among the most emotionally difficult in family law. Being denied access to a grandchild is devastating. The legal process — proving that denial harms the child while navigating constitutional standards — requires an attorney who understands both the law and the emotional weight of these cases.

Eric has represented grandparents in Travis, Williamson, Hays, and Bastrop county courts. He understands the local judges, the evidentiary standards, and the most effective strategies. More importantly, he understands what these cases mean to families. Your relationship with your grandchildren is worth fighting for.

Grandparent Rights When a Parent Has Died

When a parent dies, grandparents on the deceased parent's side often face the surviving parent restricting access to the grandchildren. Texas law provides specific standing for grandparents when one parent has died — the threshold for obtaining visitation may be lower than in cases where both parents are living.

Eric helps bereaved grandparents establish legal visitation rights that preserve the grandchildren's connection to their deceased parent's family. These cases are time-sensitive — filing promptly after the parent's death strengthens the case because the existing relationship is still active and documented.

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