In Brownsville and the Rio Grande Valley, grandparents often play a large role in raising grandchildren, and family changes such as a divorce, a death, or a parent's incarceration can raise the question of whether a grandparent may ask a court for time with a grandchild. The Texas Family Code answers that question narrowly. This article summarizes Family Code Sections 153.432 through 153.434, which govern suits by grandparents for possession of or access to a grandchild, plus related standing and best-interest provisions in Sections 102.004, 102.0031, and 153.002. Sources were checked on November 10, 2026. This article does not evaluate any family's situation and does not predict whether a court would grant or deny any request.

Possession and access versus conservatorship

Texas law separates two ideas. Conservatorship concerns rights and duties to make decisions for a child. Possession and access concern time with the child. A grandparent asking only for visits is asking for possession of or access to the grandchild, which Family Code Chapter 153, Subchapter H, addresses. Family Code Section 102.004(c) confirms that grandparent possession or access is governed by the standards in Chapter 153.

A grandparent seeking managing conservatorship, meaning the right to have a grandchild live with them and make decisions, faces separate standing rules in Section 102.004(a). That section allows a grandparent or other relative within the fourth degree to file an original suit for managing conservatorship if there is satisfactory proof that the order is necessary because the child's present circumstances would significantly impair the child's physical health or emotional development, or that the parents, surviving parent, or managing conservator filed or consented to the suit. This article focuses on possession and access.

The starting point: the child's best interest and the parental presumption

Section 153.002(a) states that the best interest of the child shall always be the primary consideration of the court in determining conservatorship and possession of and access to the child. Section 153.002(b) adds that, in a suit between a parent and a nonparent, it is a rebuttable presumption that a parent acts in the best interest of the parent's child and that it is in the child's best interest to be in a parent's care, custody, and control.

Section 153.002(c) says a nonparent may overcome that presumption by proving by clear and convincing evidence that denial of the relief would significantly impair the child's physical health or emotional development. Section 153.433, discussed below, states its own preponderance-of-the-evidence standard for grandparent possession or access. Both sections should be read together in their current text.

How a grandparent files (Section 153.432)

Section 153.432 says a biological or adoptive grandparent may request possession of or access to a grandchild by filing:

  • An original suit; or
  • A suit for modification as provided by Chapter 156

A grandparent may file a suit for the sole purpose of requesting that relief, whether or not appointment of a managing conservator is an issue.

The required affidavit

Section 153.432(c) requires the person filing to execute and attach an affidavit, on knowledge or belief, that contains the allegation, with supporting facts, that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being. The court shall deny relief and dismiss the suit unless it determines that the facts in the affidavit, if true, would be sufficient to support relief under Section 153.433.

Section 102.0031, added effective September 1, 2025, also requires a nonparent who files or intervenes in a suit in which a parent is a party to serve an affidavit with the initial pleading attesting that denying the relief would significantly impair the child's physical health or emotional development, with supporting facts.

What the court must find (Section 153.433)

Section 153.433(a) says the court may order reasonable possession of or access to a grandchild by a grandparent if all three of these conditions are met:

  • At the time relief is requested, at least one biological or adoptive parent of the child has not had parental rights terminated;
  • The grandparent overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession or access would significantly impair the child's physical health or emotional well-being; and
  • The grandparent is the parent of a parent of the child, and that parent has been incarcerated in jail or prison during the three-month period preceding the filing of the petition, has been found by a court to be incompetent, is dead, or does not have actual or court-ordered possession of or access to the child.

The third condition matters in practice: the statute ties the grandparent's request to the situation of the grandparent's own son or daughter. A paternal grandparent's request is tied to the father's circumstances, and a maternal grandparent's request to the mother's.

Section 153.433(b) adds that an order granting possession or access to a grandparent over a parent's objection must state these findings with specificity.

When a grandparent may not request possession or access (Section 153.434)

Section 153.434 bars a biological or adoptive grandparent from requesting possession of or access to a grandchild if both of the following apply:

  • Each biological parent of the grandchild has died, had parental rights terminated, or executed an affidavit of waiver of interest or of relinquishment of parental rights under Chapter 161 that designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as managing conservator; and
  • The grandchild has been adopted, or is the subject of a pending adoption suit, by a person other than the child's stepparent.

When both parents have died

Section 153.431 says that if both parents of a child are deceased, the court may consider appointing a parent, sister, or brother of a deceased parent as managing conservator, but that consideration does not alter or diminish the court's discretion.

Practical steps for grandparents and parents in South Texas

1. Identify the parent whose situation matters

Write down which of your children is the child's parent, and whether that parent is incarcerated, has been found incompetent, has died, or lacks actual or court-ordered possession or access.

2. Gather existing court orders

Collect any divorce decree, custody order, or possession schedule. If an order already exists, a request may need to be filed as a modification under Chapter 156.

3. Document the relationship and the impact

Keep records of the grandchild's time with you, such as school pickups, photos, messages, and caregiving, and of any facts about the child's physical health or emotional well-being.

4. Prepare the affidavit carefully

The affidavit must state supporting facts, not just conclusions, because the court reviews it before the case goes forward.

5. Parents: read the papers and respond on time

A parent served with a grandparent suit should read the petition and affidavit carefully and note the response deadline on the citation.

Frequently asked questions

Do Texas grandparents have an automatic right to visitation?

No. Section 153.433 allows a court to order reasonable possession or access only when the listed conditions are proven.

Can a grandparent ask for visits if the parents are married and living with the child?

Section 153.433(a)(3) requires that the grandparent's own child, the parent, be incarcerated during the stated period, found incompetent, deceased, or without actual or court-ordered possession or access. The statute does not list other qualifying situations.

Is grandparent access different from a standard possession order?

Yes. Section 153.433 refers to "reasonable" possession or access. The standard possession order is a separate Chapter 153 framework used for conservators.

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Questions in Brownsville and South Texas

CRG Law assists families in Brownsville and South Texas with family law matters. If you are a grandparent or a parent and want to understand how Family Code Sections 153.432 through 153.434 apply to your family's documents and orders, you can contact the office to review them.