General Information

Texas Law

Below you will find references to areas of the Texas Family Code that govern grandparents' rights issues related to child custody. If you find these statutes difficult to understand, you may want to view the "plain English" resources on this page or speak to an attorney.

Texas Family Code, Chapter 32
Discusses consent to treatment of a child for medical, dental, psychological, and other issues by a non-parent. Also discusses when a child can consent to treatment for himself/herself.
Texas Family Code, Chapter 34
Discusses authorization agreements for non-parent relatives. These authorizations allow parents and other specified relatives to permit other relatives of a child to take certain actions and obtain services on behalf of that child.
Section 102.003 of the Texas Family Code
Describes who may file an original suit affecting the parent-child relationship (SAPCR).
Texas Family Code, Chapter 153, Subchapter H
Discusses the rights of grandparents, aunts, or uncles.
Section 161.206 of the Texas Family Code
Discusses orders terminating parental rights (and mentions the rights of a biological or adoptive maternal or paternal grandparent).
Section 162.017 of the Texas Family Code
Discusses the effect of adoption on the rights of a biological or adoptive grandparent.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in “plain English.”

"In Face of Reduced Rights, Here's How to Advise Grandparents on Family Law Issues" [PDF]
This article from the October 15, 2015 edition of the Texas Lawyer provides a great summary of grandparents' rights with respect to custody and visitation. Reprinted here with the permission of the publisher.
Articles for Grandparents & Other Nonparent Caregivers
These articles fromTexasLawHelp discuss grandparents' rights including custody and visitation.
Authorization Agreement for Non-Parent Relative — Form 2638 (Department of Family and Protective Services)
Appoint a caregiver for your child. Allows parents and other specified relatives to permit a designated adult to take certain actions and obtain services on behalf of the child. For more information see TexasLawHelp.org's FAQs on this topic.
Texas Kincare Primer
Kincare is defined in this publication from the Texas Kincare Taskforce as occurring when "a minor child does not live under the control of either parent, but rather is being cared for by a grandmother or grandfather, great-grandmother or great-grandfather, aunt or uncle, older sibling, or another relative."
Visitation for Grandparents
This FAQ page from Texas Access provides information about the rights of grandparents to see their grandchildren in Texas.
What are my Legal Rights as a Grandparent in Texas?
Texas Legal, a nonprofit organization, discusses grandparents' rights when it comes to their grandchildren.

E-Books Available from the State Law Library

This e-book contains information on grandparents and their rights. E-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

Texas family law practice and procedure [electronic resource]

Books at the State Law Library

These print books at the State Law Library contain information on grandparents' rights. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.

Who Can I Contact?

The Texas Legal Service Center has two programs that may be useful to grandparents.

Access and Visitation Hotline (Texas Access)
This hotline allows you to speak with a specialist about: access, visitation and custody; paternity establishment; the child support order process; modifications and enforcement of child support or child custody.
Legal Hotline for Texans (Texas Legal Services Center)
The Legal Hotline for Texans provides free legal advice, self-help publications, and referrals to Texans over the age of 60 and Texans who receive Medicare.
Services for Caregivers (Texas HHS)
The Texas Dept. of Health and Human Services provides services to those who care for someone else.
Take Time Texas
Take Time Texas is an initiative enacted in 2009 "to increase the availability of respite services for family members who care for a person of any age with any chronic health condition or disability."
Texas Kincare Taskforce (Texas Legal Services Center)
This program provides access to free legal counseling to address relative caregivers’ questions. The program gives caregivers legal tools and advice to navigate the healthcare, human services and school systems for minor children in their care.

Texas State
Law Library

Grandparents' Rights