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Grandparents' Rights

This legal research guide provides information on the rights of grandparents in regard to their grandchildren, including custody issues.


Seeking Custody of a Grandchild

A grandparent may want to obtain custody of a grandchild. In order to file an initial custody lawsuit or to request modifying an existing order, a nonparent must first have standing, which is a legal right to file a case. Texas Family Code Section 102.003 defines who has standing to file.

See the resources below for more details. Also see our Child Custody and Support guide for additional resources.

Texas Law

Understanding the Law


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.

Volume 1, Objective B, Task B2 discusses the rights of grandparents in child custody cases.

Chapter 44 covers grandparents and other nonparents while Chapter 46 covers authorization for care of a child.

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.

See Chapter 4, Part J for discussion of lawsuits involving grandparent possession and access.