Protecting Your Bond with Your Grandchild Starts Here
When something goes wrong in a child’s life, it’s often the grandparents who step in first. You’re the ones who keep the kids fed, help with school pickups, and provide stability when the parents are in chaos. However, doing the right thing doesn’t automatically grant you legal rights. That’s where we come in.
Brandi Wolfe assists grandparents in San Antonio and across Central Texas in taking legal steps to protect their connection with their grandchildren. If you’ve been cut off, pushed aside, or left to raise a child without support, you don’t have to remain in limbo. We’ll help you understand your options, build your case, and advocate for the role you’ve already been fulfilling in your grandchild’s life.
Do Grandparents Have Legal Rights in Texas?
Texas law provides grandparents with limited rights. Under specific conditions, you can petition the court for visitation or custody. The law prioritizes the child’s best interests, not the adults’ preferences. Therefore, you must demonstrate to the court why your involvement is necessary and beneficial.
You may be eligible to file for visitation or conservatorship if:
- One parent has died, been incarcerated, or been declared incompetent.
- The parents have divorced.
- The child is experiencing emotional or physical harm.
- You have had care, control, and possession of the child for at least six months.
These cases are complex. Brandi Wolfe will assist you in gathering the necessary evidence and presenting a compelling legal argument focused on what’s best for the child.
Two Legal Paths: Visitation or Custody
There are two primary options available to grandparents under Texas law.
Grandparent Visitation Rights
If you’re being excluded from your grandchild’s life and believe the child is suffering as a result, you may request court-ordered visitation. However, visitation isn’t granted merely because the situation feels unjust. You must demonstrate to the court that your absence is detrimental to the child and that your presence serves their best interest.
Grandparent Custody (Conservatorship)
If you’ve already assumed the role of raising your grandchild, or if the parents are unwilling or unable to provide care, you may qualify to seek custody. This designation grants you legal authority to make decisions for the child and to provide stable, court-recognized care.
Custody may be applicable if:
- The child has lived in your home for six months or more.
- Child Protective Services (CPS) is involved or investigating.
- The parents are unfit, absent, or have neglected their responsibilities.
If CPS is involved, visit our CPS Defense page to learn how we protect families from unnecessary separation.
Understanding the Legal Framework
In Texas, grandparents’ rights are governed by specific statutes within the Texas Family Code. These laws outline the circumstances under which grandparents can seek visitation or custody.
- Texas Family Code § 153.432: This statute allows a biological or adoptive grandparent to request possession of or access to a grandchild by filing an original suit or a suit for modification. The grandparent must attach an affidavit alleging that denial of possession or access would significantly impair the child’s physical health or emotional well-being.
- Texas Family Code § 102.004: This section provides that a grandparent may file an original suit requesting managing conservatorship if there is satisfactory proof that the child’s present circumstances would significantly impair their physical health or emotional development, or if both parents, the surviving parent, or the managing conservator or custodian have filed the petition or consented to the suit.
Understanding these statutes is key to taking the right legal action. They establish the legal foundation for any action grandparents may take to secure their rights.
What to Expect: The Legal Process
You don’t have to navigate this alone. When you hire Brandi Wolfe Law, the process typically involves:
- Initial Consultation – We listen, gather facts, and evaluate your legal position.
- Filing a Suit (SAPCR) – We assist you in filing a Suit Affecting the Parent-Child Relationship.
- Gathering Evidence – We build your case with school records, affidavits, and testimony.
- Mediation or Court – Depending on the situation, we either negotiate or proceed to court.
- Ongoing Support – Even after your case concludes, we’re here to help protect your role in your grandchild’s life.
Real Families. Real Situations. Real Solutions.
Every family is unique, but we frequently work with grandparents dealing with:
- Substance abuse in the home. You’re already raising the child.
- Parental alienation following a divorce or remarriage.
- CPS involvement. The child needs a familiar, stable caregiver.
- Long-term caregiving without legal authority to enroll the child in school or access medical care.
Brandi Wolfe has guided grandparents through each of these scenarios with empathy, determination, and results.
FAQ: Grandparents’ Rights in Texas
Can I get visitation if both parents are alive and married?
It’s possible but challenging. You must demonstrate that being cut off is harming the child and that you had a previously established, positive relationship.
What if my grandchild lived with me, but now the parent wants them back?
You may be able to petition for custody if the child lived with you for six months or more, and removing them now would cause emotional harm or instability.
Does it matter if CPS is involved?
Yes. In fact, it often strengthens your case. If CPS is investigating or has removed the child from the parents, the court is more likely to consider placing them with a responsible, familiar caregiver like you.
How long does this process take?
Every case is different. Some cases resolve in a few months through mediation, while others require court hearings and can take longer. We’ll provide honest timelines based on your situation.
Can I file for grandparents’ rights if I live in another state?
Yes, but jurisdictional issues may arise. If the child resides in Texas, that’s likely where the case will need to be filed. We can guide you through that process.
Why Grandparents Trust Brandi Wolfe
You’re not just hiring a lawyer. You’re engaging someone who listens, understands, and develops legal plans tailored to real people and real challenges. Brandi Wolfe brings compassion to family law, especially in cases where grandparents have stepped up when others have stepped out.
Here’s what clients say:
“Brandi is exactly what I needed. Knowledgeable, insightful, empathetic, no nonsense and an advocate for her clients. I am so grateful to have had her expertise at an extremely difficult time in my life.” – Angela Guerra, Google Review
Serving San Antonio and Families Across Texas
While our office is in San Antonio, we work with grandparents throughout Austin, Central Texas and surrounding rural areas. If your grandchild is in Texas, we can help you take legal action, even if you’re not.
Ready to Take the First Step?
You’ve done what’s right for your grandchild. Now let us help you make it official.
Call (210) 571-0400 or request your free consultation today. We’ll provide honest answers, a clear plan, and the support you deserve.