Board Certified® Fort Worth & Southlake
Fort Worth Grandparents Rights Attorney
100+ years of combined experience including four Board Certified attorneys.
- Complex, high-asset divorce and property division
- Business owner divorce and valuation disputes
- Contested custody and conservatorship
- Trial-ready representation in Tarrant County courts
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Protecting the Bond Between Grandparents and Grandchildren
Grandparents can play a very important role in their grandchildren’s lives – a role that can be enriching for both. As such, the State of Texas addresses the important matter of grandparents’ rights, and having a better understanding of what this means for you can help. If you have questions or concerns about what your rights are as a grandparent, an experienced grandparents’ rights attorney is standing by to answer your questions and help you explore your best options.
At a Glance
At Mims Ballew Hollingsworth, we represent grandparents in Fort Worth and across Tarrant County seeking visitation or custody backed by more than 100 years of combined family law experience. Four of our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization.
We handle grandparents’ rights cases involving visitation requests, conservatorship claims, and complex family situations where strict Texas legal standards must be met. Our team focuses on building strong, evidence-based cases that demonstrate the child’s best interests and meet the high burden required by Texas courts.
Recognized by Martindale-Hubbell (AV Preeminent), Super Lawyers, and Fort Worth Magazine’s Top Attorneys, we take a strategic and compassionate approach to protecting your relationship with your grandchildren.
Please call: 817-900-8330.
The Role of Grandparents in Families
A recent report from the Pew Research Center shares the following statistics, which highlight the important role that grandparents play in their grandchildren’s lives in this country:
- The number of grandchildren who are living with a grandparent is on the rise.
- In a recent year, 22 percent of grandparents reported caring for their grandchildren on a regular basis.
- In a recent year, 72 percent of grandparents reported caring for their grandchildren some of the time.
Grandparents have no absolute legal right to spend time with their grandchildren. In highly specific situations, however, Texas courts do award grandparent visitation. Grandparents, however, have the burden of proving that it’s in the best interests of the children, and the legalities are complex, which makes working closely with a seasoned grandparents’ rights attorney well-advised.
When Grandparents Can Seek Visitation or Custody
Legal Requirements Under the Texas Family Code
Under the Texas Family Code, grandparents may only request court-ordered visitation or custody in specific circumstances. These include situations where a parent is deceased, incarcerated for at least three months, found legally incompetent, or does not have legal or physical possession of the child.
Proving Best Interests of the Child
In all cases, at least one biological or adoptive parent must still have parental rights, and the grandparent must be able to show that denying access would significantly harm the child. The court will expect credible evidence, such as proof of an existing, beneficial relationship or documentation showing that the child’s current environment is unsafe or unhealthy.
Custody Considerations
In cases involving child custody disputes, grandparents may also seek to be appointed as conservators if they can demonstrate that living with them would serve the child’s best interests.
Adoption and Grandparents’ Rights
Adoption can dramatically affect a grandparent’s rights. If a grandchild is adopted by someone other than a stepparent, the ability to request visitation typically ends. However, past caregiving—such as a grandchild living with you for six months or more—can still influence a judge’s decision. These cases require a skilled grandparents rights attorney to present the facts effectively. Our adoption lawyers in Fort Worth can explain the options and next steps.
Fort Worth, TX Divorce & Family Lawyers
Why Legal Representation Matters
The burden of proof for overriding a parent’s decision is significant, and mistakes in the process can cost you valuable time and opportunities. Working with an experienced family law attorney ensures that your petition is properly prepared, supported by strong evidence, and argued persuasively in court.
Our Commitment at Mims Ballew Hollingsworth
At Mims Ballew Hollingsworth, we know that every grandparents’ rights case is unique. We take a tailored approach, reviewing your circumstances, gathering the necessary documentation, and developing a legal strategy that reflects both your goals and the child’s best interests. Whether through negotiation or litigation, we work to preserve the vital bond between you and your grandchildren.
Talk to a Fort Worth Grandparents Rights Attorney
If you are concerned about losing contact with your grandchildren, it is important to act quickly. Texas law sets strict standards, and early legal action can strengthen your case. Our Texas grandparents rights attorneys serve clients in Fort Worth, Southlake, and surrounding areas, providing skilled guidance and dedicated representation in these sensitive matters.
Contact us today to schedule a consultation and learn more about your options for securing visitation or custody.
Content reviewed by a Board Certified family law attorney Constance Mims.
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Frequently Asked Questions
In Texas, grandparents can only get court-ordered visitation in limited circumstances, such as when a parent is deceased, incarcerated for at least three months, found legally incompetent, or does not have legal or physical custody of the child. Additionally, the grandparent must prove that denying visitation would significantly harm the child’s physical health or emotional well-being.
Yes, but only if they can show that living with them is in the child’s best interests and that the child’s current living situation is unsafe or harmful. Courts may grant custody, known as conservatorship, if the grandparents can provide a stable, supportive environment and meet strict legal requirements under the Texas Family Code.
Yes. If a child is adopted by someone other than a stepparent, grandparents generally lose the legal right to request visitation. However, if the child lived with the grandparents for six months or more before the adoption, that history may still influence a judge’s decision in certain cases.
While not legally required, working with an experienced Texas family law attorney greatly improves your chances of success. These cases involve complex laws, high burdens of proof, and strict procedural rules. A skilled lawyer can build a strong case, gather persuasive evidence, and advocate effectively on your behalf.