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Texas Grandparent Rights
§ 35.4 Possessory Conservatorship

An original suit requesting possessory conservatorship may not be filed by the grandparent or other person. However, the court may grant leave to a grandparent or other person deemed by the court to have had substantial past contact with the child to intervene in a pending suit filed by a person authorized to do so under chapter 102 of the Family Code. Texas Family Code Ann. § 102.004(b) (Vernon Supp. 2001). See also § Texas Family Code 102.003 (general standing to file suit).

A biological or adoptive grandparent may not request possession of or access to a grandchild if:

1. Each of the biological parents of the grandchild has died, had the person’s parental rights terminated, or executed an affidavit of relinquishment of parental rights under Code chapter 161 that designates an authorized agency, licensed child-placing agency, or person other than the child’s stepparent as the child’s managing conservator; and

2. The grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child’s stepparent.

Texas Family Code § 153.434 (Supp. 2001).

Unless limited by the court order or other provisions of Code chapter 153, a grandparent appointed a possessory conservator has the rights of a non-parent appointed a possessory conservator, which are set out in Code section 153.376. The grandparent also has any other right or duty specified in the court order appointing the grandparent possessory conservator. Texas Family Code § 153.376.

A court is not authorized to order child support to be paid by the grandparents. See the discussion in section 35.2 above.