Jackson, Landrith & Kulesz

Grandparents' Rights

Grandparents Rights Attorney in Arlington

Over 60 Years Serving Texas Families in Tarrant County Courts

Texas law doesn’t give grandparents automatic rights to their grandchildren. When a parent’s divorce, death, or choices cut off that relationship, grandparents must navigate a formal court process to seek contact or assume care. At Jackson, Landrith & Kulesz, we handle these cases as part of our family law practice serving Arlington and Tarrant County, and we know how much is at stake when a grandparent is shut out of a grandchild’s life.

Our attorneys have more than 60 years of combined experience guiding Texas families through difficult family law matters. We file and argue grandparents rights petitions in the Tarrant County Family District Courts, the same courts where Arlington cases are heard and decided. We also communicate in five languages, which matters in a city as diverse as Arlington, where language barriers can compound an already overwhelming process.

If you’re a grandparent who has lost contact with your grandchild and want to understand your options, call us at (817) 587-6452 to schedule a consultation.

What Texas Law Allows Grandparents to Seek

Grandparents rights in Texas are defined by the Texas Family Code, primarily Chapter 153 Subchapter H for visitation and Chapter 102 for standing to seek conservatorship. Courts begin with a presumption that a fit parent acts in the best interest of the child, so grandparents must meet specific statutory conditions before a court will consider their petition.

Two forms of relief are available. Possession and access, commonly called visitation, allows a grandparent court-ordered time with the child while the parents retain decision-making authority. Conservatorship, which is what Texas calls custody, shifts caregiving responsibility to the grandparent. A grandparent may seek to be named a managing conservator with primary authority or a possessory conservator with structured access. Each path carries its own legal standard, and neither outcome is guaranteed even when the statutory conditions appear to be met.

Why Arlington Grandparents Work with Jackson, Landrith & Kulesz

Grandparents rights cases are emotionally demanding and legally specific. Our attorneys are recognized within the legal community for the quality of their work: Jackson, Landrith & Kulesz holds AV Preeminent recognition from Martindale-Hubbell, the highest rating for ethical standing and professional ability, and David Kulesz has been recognized by Super Lawyers, a Thomson Reuters rating service, continuously since 2005. Rigien Jackson was named to Arlington’s 40 Under 40 Class of 2025.

Beyond credentials, we prioritize responsiveness. Our attorneys return calls and emails promptly and keep clients informed at every stage. For grandparents who also have questions about estate planning, immigration, or other legal matters affecting their family, we handle multiple practice areas under one roof, so you don’t have to coordinate with multiple firms during an already difficult time.

Start with a Consultation to Understand Your Options

Grandparents rights cases are highly fact-specific. Whether standing exists, which type of relief to pursue, and how to document your relationship with your grandchild are questions that need to be addressed before any petition is filed. An early consultation can give you a clear picture of where you stand and what steps make sense for your situation.

We serve grandparents throughout Arlington and Tarrant County. Call us at (817) 587-6452 or reach us through our online contact form to schedule a time to speak with one of our attorneys.

Standing: The Threshold Question in Every Grandparents Rights Case

Before a court considers any grandparent’s petition on its merits, the grandparent must establish standing, the legal right to bring the case at all. Without it, the petition is dismissed regardless of the circumstances. Standing is the first issue any grandparents rights attorney in Arlington must evaluate.

How Texas Law Establishes Standing

Texas Family Code Section 102.003 provides general standing to file a Suit Affecting the Parent-Child Relationship (SAPCR). Under this section, a grandparent may have standing if the child has lived with them for at least six consecutive months, provided that period ended no more than 90 days before filing. Section 102.004 addresses standing to seek managing conservatorship directly, allowing a grandparent to file by showing that the child’s present circumstances would significantly impair the child’s physical health or emotional development.

A grandparent who can’t meet the threshold for filing independently may still be able to intervene in a pending suit under Section 102.004(b) if the court finds substantial past contact with the child and that awarding sole or joint managing conservatorship to a parent would significantly impair the child. Because standing is evaluated on the specific facts of each family’s situation, a case review before filing is essential.

Visitation vs. Conservatorship: Different Standards, Different Burdens

The legal bar for court-ordered visitation under Texas Family Code Section 153.433 is high. A grandparent seeking visitation over a parent’s objection must satisfy three requirements simultaneously: at least one biological or adoptive parent must still hold parental rights; the grandparent must be the parent of one of the child’s parents, and that parent must have been incarcerated in the prior three months, declared incompetent, died, or must not have actual or court-ordered possession of or access to the child; and the grandparent must prove that denying access would significantly impair the child’s physical health or emotional well-being.

That significant-impairment standard deserves particular attention. Showing that visits would be good for the child isn’t enough. The grandparent must demonstrate that the absence of contact causes actual harm. If both parents’ parental rights have been terminated or the child has been adopted by an unrelated party, the statutory basis for visitation is generally eliminated.

Common situations that give rise to visitation petitions include a deceased parent whose surviving spouse limits contact, a parent who is incarcerated, and post-divorce arrangements where one side of the family loses access. Conservatorship carries a higher burden still, requiring a showing that the child’s current home environment poses a significant impairment risk or that both parents consent to the grandparent assuming care. When emergency circumstances exist, Texas courts can issue temporary custody orders on an expedited basis, though those orders are provisional pending a full hearing.

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Client-Focused and Responsive Representation

At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
Experienced Legal Advocacy Across Multiple Practice Areas
With 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
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When legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
A Proven Track Record of Success

Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.

How a Grandparents Rights Case Proceeds in Tarrant County

Every case we handle begins with an individual evaluation. Before we file anything, we assess whether standing exists and identify the strongest legal basis for moving forward. Filing without a viable standing argument risks dismissal, and the facts that support one type of relief may not support another. That initial assessment shapes everything that follows.

Filing, Service, & Temporary Orders

When filing for visitation, a grandparent must submit a supporting affidavit alongside the petition. Under Section 153.433, if the affidavit, taken as true, wouldn’t support the relief sought, the court must dismiss the petition. We work with grandparents to develop affidavits grounded in documented facts. After filing, the child’s parents are formally served and may respond. The court may then enter temporary orders establishing interim arrangements while the case proceeds.

Mediation, Hearing, & Post-Order Options

Grandparents rights petitions for Arlington residents are filed in the Tarrant County Family District Courts. Many of those courts require mediation before trial, giving both sides an opportunity to reach an agreement without a contested hearing. We handle both negotiated resolutions and contested hearings before a judge, and we’re prepared to present the full evidentiary record when a case goes to trial. If an existing order isn’t being followed, enforcement proceedings are available. Orders can also be modified when a material change in circumstances affects the child’s best interests.

Building the Evidence for Your Case

Courts weigh the strength and continuity of the grandparent-grandchild relationship when evaluating any petition. The most effective groundwork starts before a petition is filed. Grandparents should document caregiving activities, school involvement, medical appointments attended, and regular contact through a dedicated calendar or diary. That record becomes the foundation for the affidavit and, if the case goes to hearing, for testimony.

Evidence that may support a visitation or custody claim includes:

Police and court records reflecting domestic abuse, substance abuse, or criminal history involving a parent
Medical records documenting parental incapacity or substance-related issues
Photographs and communications showing the grandparent-grandchild relationship across time
Witness testimony from teachers, neighbors, family members, or others who can speak to the child’s well-being and the grandparent’s role
Expert evaluation addressing parental capacity or the child’s psychological needs when the custody basis involves parental unfitness

Courts evaluating conservatorship also consider the grandparent’s own circumstances, including physical health, financial stability, and demonstrated commitment to the child’s education and daily care. If you’ve been informally raising a grandchild and the child has lived with you for close to six months, consult an attorney without delay. Section 102.003 ties filing eligibility to a specific window following that period, and missing it can affect your options.

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After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

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