Can Grandparents Get Custody of a Grandchild in Texas?

 Posted on August 09, 2026 in Family Law

Grandparents can get custody of a grandchild in Texas, but only in very limited situations. Texas law gives parents a strong legal right to raise their children. A court will only give custody to a grandparent if the law allows it and the change is in the child's best interests.

If you are caring for a grandchild or believe your grandchild is living in an unsafe home in 2026, a Fredericksburg, TX family law attorney can explain whether you may be able to ask for custody.

When Can a Grandparent Ask for Custody in Texas?

In Texas, legal custody is called "managing conservatorship." A grandparent cannot ask for custody simply because they think they can provide a better home. The law requires much more than that.

Under Texas Family Code Section 102.004, a grandparent may be able to file for custody if the child's current living situation could seriously harm the child's physical health or emotional well-being. In some cases, a grandparent may also have the right to file for custody if the parents agree.

Texas courts start with the belief that children should stay with their parents whenever it is safe. Because of this, judges require proof that the child is at risk before changing custody.

Does CPS Have to Be Involved Before a Grandparent Can Seek Custody in Texas?

A Child Protective Services (CPS) case is not required before a grandparent can ask for custody. However, many custody cases begin after CPS investigates reports of abuse, neglect, or unsafe living conditions.

The Texas Department of Family and Protective Services often places children with relatives when they cannot safely remain with their parents. This type of placement is called kinship care. It allows children to stay with family members instead of entering foster care when possible.

In some cases, grandparents may also seek custody when:

• A parent struggles with drug or alcohol addiction.
• A parent is in jail or prison.
• A child has been abandoned.
• A parent has a serious illness and cannot provide proper care.
• One or both parents have died.

Most difficult family situations won’t lead to a custody order for grandparents.

What Does a Judge in Texas Consider Before Awarding Custody to a Grandparent?

After a grandparent files a case, the judge must decide whether giving custody to the grandparent is in the child's best interests. Under Texas Family Code Section 153.002, the child's best interest is always the court's primary concern.

Judges look at many parts of the child's life before making a decision. They will consider whether the child is safe at home, how well the child's daily needs are being met, and whether the grandparent has already been helping raise the child. The court will also review the child's relationship with each parent and the grandparent.

A judge may also consider whether moving the child would provide more stability. For example, the court may look at the child's school, home life, and daily routine. Keeping a child in a safe and stable environment is an important part of the decision.

According to the Texas Department of Family and Protective Services, thousands of Texas children live with relatives through kinship care each year. These placements help children remain with people they know and trust while providing a safe place to live.

Can a Grandparent Receive Emergency Custody in Texas?

Texas courts can issue temporary custody orders when a child faces an immediate risk of harm. These orders help protect the child while the case moves through the court system.

Emergency custody is not the same as permanent custody. A judge will hold additional hearings before making a final decision on a long-term custody order. During that time, the court will review evidence from everyone involved and decide what arrangement is best for the child. The court must believe the child needs immediate protection before granting temporary custody.

Contact a Fredericksburg, TX Grandparents' Rights Lawyer Today

Seeking custody of a grandchild can be one of the hardest challenges a family faces. Attorney Russ Alan Baker at the Law Office of Russ Alan Baker, PLLC has more than 15 years of legal experience helping families through difficult custody matters. Contact a Marble Falls, TX grandparents' rights attorney or call 325-216-2006 to discuss your situation and next steps.