Austin, TX family law attorney Tyler Pennington talks about what rights the grandparents have in a Texas divorce. He notes that grandparents’ rights is a very complex area of family law and, like appeals or adoptions, represents a highly specialized niche within the field. Grandparents’ rights are frequently litigated, both at the trial level and in the courts of appeals, not just in Texas but across the United States. Over time, case law has shaped these rights, sometimes expanding them and other times limiting them.

He notes that while grandparents can assert rights to their grandchildren, the first hurdle is demonstrating that the parents are unable or unfit to care for the child. Courts generally avoid interfering in parental decisions, emphasizing that it is not the government’s role to dictate how a parent raises their child—unless the parent is unfit or the child’s safety is at risk.

Grandparents do have rights, but he emphasizes that these cases are factually intensive. Success often depends on carefully presenting the specific circumstances that justify grandparent involvement. Awareness of existing case law and the precise facts needed to support a claim is essential for effectively advocating for grandparents in these situations.