The legal information provided on this website is the product of
Legal Aid NorthWest Texas (LANWT). None of the legal information
on this website is associated with or the product of the Office
of the Attorney General of Texas or any of its employees.
Q. My parents would like to take my children for the weekend
or during part of the summer. Do I need the custodial parent’s
permission to do this?
A. Usually no. During your periods of possession you have the
right to let the children visit their grandparents, spend the
night at a friend’s home, or any other such activity as long as
they are returned to the other parent on time. You may allow
your parents to take the children on a vacation, even out of
state, during the summer.
Q. What rights do grandparents have in Texas?
A. There are no automatic grandparents’ rights in Texas. Unless
they go to court, grandparents have no rights to visit the
grandchildren. This does not mean they cannot see the
grandchildren. It means they must have the approval of one of
the parents. Under some circumstances, grandparents can obtain a
court order to visit grandchildren over the objection of the
Q. What rights can the grandparents get in court?
A. Currently, the grandparents may petition the court for
visitation and the judge can grant specific periods of
visitation over the objections of the parents.
Q. Can grandparents get custody of my children over my
A. Maybe. Grandparents can petition the court for custody of
your children if the children have lived with them for at least
six months and they file the petition for custody within 90 days
of the date the children were no longer living with them. They
may also petition for custody if there is an emergency that
endangers the health or wellbeing of the children. Grandparents
have the burden of proof to demonstrate that the children are
better off with the grandparents and must also prove that
living with a parent would be harmful to the child.
However, they have the burden
of proof and it is a difficult burden to meet. It is not enough to
simply show that the children are better off with the
grandparents; they must also prove that living with a parent would
be harmful to the child.