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In Texas, grandparents do have the potential to seek “parental rights” or even outright custody of children under certain circumstances. These circumstances include:

  1. When a parent has died, is incarcerated, or found incompetent: Grandparents may request visitation if one of the child's parents is deceased, has been declared incompetent, or is incarcerated, and if visitation is in the best interest of the child.
  2. When the child has lived with the grandparents for at least six months: If a grandchild has been living with their grandparents for at least six months, and it is in the child's best interest, the grandparents may seek visitation rights.
  3. When a court-ordered termination of parental rights has occurred: In cases where a court has terminated the parental rights of a parent, the grandparents of the terminated parent may seek visitation rights if it is in the best interest of the child.

It's important to note that, in all cases, the court will prioritize the best interests of the child when considering requests for grandparent visitation. The court may grant visitation rights to grandparents if it is deemed beneficial to the child's physical, emotional, or mental well-being.
Before seeking visitation rights, grandparents should consult with an attorney who specializes in family law to understand the legal requirements, procedures, and likelihood of success in their specific situation. Keep in mind that the circumstances and criteria for grandparents' visitation rights can be complex and may vary from case to case.

If you have questions, we have answers.

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