Grandparents Rights

Houston Grandparents’ Rights Attorney

In the wake of a divorce or a Suit Affecting Parent-Child Relationship (SAPCR cases), or in some emergency cases, it should come as no surprise that grandparents wish to keep an ongoing healthy relationship with their grandchildren or even provide emergency protection when necessary.

When parents divorce and move away, this can be extremely difficult for grandparents — it may be difficult or even impossible to see grandchildren, particularly if the divorce is high-conflict and it would significantly impair the grandchild’s physical, health or emotional well-being if the grandparent does not have reasonable access to the grandchild..

Helping You Provide The Necessary Proof

That said, it may be possible to petition the court to assert grandparent rights if it can be shown that it is necessary to preserve the grandchild’s physical, health or emotional well-being, or if the child has resided with the grandparents for at least 6 months ending no later than 90 days prior to filing the petition.

The Texas Legislature, Texas appellate courts, and the Texas Supreme Court, through the past years, have complicated the rights of grandparents to obtain possession of, or access to their grandchildren. Court cases have set precedents requiring grandparents to show a strong relationship with their grandchildren as well as meeting other legal requirements. The burden of proof falls on the grandparents.

At the Law Office of Dan Kirby, we value the role that grandparents play in their grandchildren’s lives. With more than 30 years of family law experience, Houston grandparents’ rights lawyer Dan Kirby is well-versed in all types of custody disputes. We can give you a voice and fight to help you maintain a positive relationship with your grandchildren.

Do not attempt to handle any legal disputes regarding visitation on your own. Call us at to schedule a consultation with Dan Kirby.

In these cases, grandparents will need to demonstrate specific conditions. When making a determination, the court will consider the best interests of the child, as well as:


  • Physical and emotional needs of the child
  • Welfare of the child
  • Parents’ and grandparents’ wishes
  • Ability of the parents/grandparents to meet the child’s needs
  • Wishes of the child (if he or she is mentally capable of making such a decision)
  • Relationship and distance between a child and his or her grandparents
  • The ability of the grandparents to provide affection, love and safety vs. the ability of the parents to do so
  • Length and quality of the relationship between grandparents and grandchild
  • Evidence of child abuse or neglect by the parents (and grandparents)

Work With An Attorney With A Strong Track Record Of Success.

Our attorney and family law team at the Law Office of Dan Kirby are ready to bring our comprehensive knowledge of these issues to do everything we can to advocate for you. By partnering directly with parents and grandparents, we have helped hundreds of families reach best possible outcomes to their issues. We are ready to help you do the same.

Take the First Step Today

To get in touch and schedule an initial consultation with our Houston grandparents’ rights lawyer, call or email the firm.