Grandparents have the right to file a lawsuit for managing conservatorship of a grandchild if the child’s present circumstances significantly impair the child’s physical health or emotional development OR both parents consent to the grandparent filing a suit.
If a child custody lawsuit is already pending, the Court may grant a grandparent the right to participate in the lawsuit if the grandparent is deemed to have had substantial contact in the past with the child and that appointing a parent as the child sole managing conservator would significantly impair the child’s physical health or emotional development.
A grandparent may be awarded visitation with a child if denying that visitation would significantly impair the child’s physical health or emotional development, OR the grandparent is the parent of the child and that parent is incarcerated, deceased or been declared incompetent.