How Do Courts Address Non-Parental Custody and Visitation Rights?

In Texas, courts generally presume that fit parents act in their children's best interests. Grandparents, relatives, stepparents, and other caregivers may still seek custody or visitation, but they must meet specific legal requirements.

The requirements depend on the type of relief a non-parent seeks. Conservatorship may include certain rights and duties concerning the child's care, while possession or access generally involves court-ordered time or contact with the child. 

Being separated from a child you've helped raise can be painful and confusing. You may wonder whether you have any legal right to maintain that relationship or challenge a parent's decisions. Understanding Texas law can help you identify your options. 

At Thaler Law in Georgetown, Texas, we help families understand their rights and options in family law matters. We can review your circumstances, explain the requirements for non-parental custody or visitation, and help you understand the legal process. Contact us now to discuss your situation. 

Why Texas Courts Presume Parents Act in Their Children's Best Interests

Under Texas law, courts focus first on the child's best interests when deciding custody and visitation matters. The state law also generally presumes that: 

• A parent acts in the child's best interests. 

• It is in the child's best interest to be in a parent's care, custody, and control. 

In a custody dispute between a parent and a non-parent, the non-parent generally faces a higher burden. They must provide clear and convincing evidence that denying their request would significantly harm the child's physical health or emotional development. 

This standard protects a parent's right to make decisions about their child's upbringing. Non-parents can still seek custody or visitation, but they must meet the legal requirements that apply to their case. 

Who Can Seek Non-Parental Custody in Texas?

Before you can file a custody case as a non-parent, you generally must have legal standing. This means Texas law must give you the right to bring the case to court. 

You may have standing if you have played a significant caregiving role in the child's life. For example, Texas law provides a potential basis for standing if you had actual care, control, and possession of the child for at least six months and lived with the child during that period. 

Other grounds may apply if you are a relative or another caregiver. Your relationship with the child, how long you cared for them, and the role you played in their daily life can help determine whether you have standing to pursue custody. 

At Thaler Law, our Texas family law attorneys can review your relationship with the child, your caregiving history, and other relevant circumstances to determine whether you may have standing to pursue custody. We can also explain the requirements that apply before you file a case. 

What Counts as Actual Care, Control, and Possession?

Under Texas law, a non-parent may have standing to seek custody if they had actual care, control, and possession of the child for the required period and meet the other legal requirements. Courts may consider whether the non-parent: 

• Shared a principal residence with the child. 

• Provided for the child's daily physical and emotional needs. 

• Exercised guidance and supervision similar to the responsibilities a parent typically handles. 

A non-parent does not necessarily need to be the child's only caregiver or have formal legal authority over the child to establish standing. However, establishing standing only gives the non-parent the right to bring the case before the court. It does not guarantee that the court will award custody or visitation. 

How Do Grandparent Visitation Rights Work in Texas?

Texas law allows biological and adoptive grandparents to request court-ordered possession of or access to their grandchildren. However, grandparents must satisfy specific statutory requirements. Under Texas Family Code, a grandparent generally must show that: 

• At least one biological or adoptive parent of the child has not had their parental rights terminated. 

• The grandparent is a parent of the child's parent. 

• The grandparent's child has been incarcerated during the three months before filing, has been found incompetent by a court, has died, or does not have actual or court-ordered possession of or access to the child. 

• Denying the grandparent access would significantly impair the child's physical health or emotional well-being. 

The grandparent must prove significant impairment by a preponderance of the evidence to overcome the presumption favoring the parent. The grandparent must also file an affidavit explaining the alleged harm and supporting it with facts. The court may dismiss the case if the affidavit does not adequately support the claim. 

We can review your relationship with your grandchild and the circumstances involving the child's parent to determine whether you meet the requirements for seeking visitation. We can also help you identify and present evidence relevant to the harm that could result from denying access. 

What Changed for Non-Parent Custody Cases in 2025?

Texas enacted new requirements for non-parents who file or intervene in certain custody cases against parents. Under the Texas Family Code, effective September 1, 2025, a non-parent must generally submit an affidavit with their initial pleading when another party to the case is a parent of the child. The affidavit must: 

• State, based on personal knowledge or information from someone with personal knowledge, that denying the requested relief would significantly impair the child's physical health or emotional development. 

• Include facts supporting that allegation. 

If the affidavit does not provide adequate factual support, the court must deny the requested relief and dismiss the lawsuit or strike the intervention, as applicable. These requirements make it important to assess your legal standing and supporting evidence before filing. 

At our practice, we can evaluate whether these filing requirements apply to your case and review the facts and evidence supporting your request. Our team can also help prepare the required pleadings and affidavit so they address the applicable legal requirements. 

What Should You Do Before Seeking Custody or Visitation?

If you want to pursue non-parental custody or visitation in Texas, understanding the requirements before filing can help you prepare. Consider the following steps to determine what may apply to your situation: 

• Identify your legal basis for filing: Determine which standing requirements apply to your relationship with the child and your circumstances. 

• Gather supporting evidence: Keep records of your caregiving responsibilities, communications with the parents, and facts relevant to the child's well-being. 

• Understand the applicable legal standards: Grandparent visitation and non-parent conservatorship cases involve different statutory requirements. 

• Consult a family law attorney: We can review your circumstances, explain your options, and help you prepare the required pleadings and supporting evidence. 

Talk to Our Family Law Attorneys About Your Non-Parental Custody or Visitation Case

Texas law places important protections around parental rights while providing legal avenues for certain non-parents to seek custody or visitation. Your relationship with the child, legal standing, and evidence supporting your request may affect your case. 

At Thaler Law, based in Georgetown, Texas, we serve families throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County.

We can help you understand your rights and options in Texas family law matters, review your circumstances, and explain the legal requirements that may apply to your situation. Reach out to us now to discuss your non-parental custody or visitation concerns.