Grandparent Visitation Petition

PETITION FOR GRANDPARENT POSSESSION OF OR ACCESS TO GRANDCHILD

(Suit Affecting the Parent-Child Relationship — Tex. Fam. Code §§ 153.432–153.433)

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW [PETITIONER NAME], Petitioner, and files this Petition for Grandparent Possession of or Access to a Grandchild under Texas Family Code §§ 153.432 and 153.433, and in support would respectfully show the Court as follows:

I. PARTIES

1.1 Petitioner — Grandparent

Co-Petitioner, only if independently a biological or adoptive grandparent:

1.2 Respondent(s) — Parent(s) / Conservator(s)

1.3 The Child

II. JURISDICTION AND VENUE

2.1 Filing route. Petitioner files ☐ an original suit ☐ a suit for modification as authorized by Texas Family Code § 153.432(a). If this is a modification, the existing continuing-jurisdiction court and cause number are stated below.

2.2 UCCJEA / initial jurisdiction, if applicable. For an initial child-custody determination, select the current § 152.201 basis:

☐ The child has lived in Texas with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Texas was the child's home state within six (6) months before filing, the child is now absent from Texas, and a parent or person acting as a parent continues to live in Texas; or

☐ Other basis under Tex. Fam. Code § 152.201: [____________]

2.3 Continuing, exclusive jurisdiction.

☐ No court has continuing, exclusive jurisdiction of this matter.

☐ The following court has continuing, exclusive jurisdiction: [____________] (Cause No. [____________]), and this filing is a suit for modification in that court.

2.4 Venue / existing case. ☐ This is an original suit filed where the child resides under § 103.001. ☐ This is a modification filed in the existing continuing-jurisdiction case; any transfer question has been separately reviewed.

III. STANDING AND REQUIRED AFFIDAVIT (§ 153.432)

3.1 Required affidavit. Petitioner has executed and attached to this Petition an affidavit, on knowledge or belief, that contains, along with supporting facts, the allegation that denial of possession of or access to the child by Petitioner would significantly impair the child's physical health or emotional well-being, as required by Texas Family Code § 153.432(c). The affidavit is incorporated herein as Exhibit A.

3.2 Statutory trigger — § 153.433(a)(3). At least one of the following is true with respect to the parent of the child who is Petitioner's son or daughter (check all that apply):

☐ (A) That parent has been incarcerated in jail or prison during the three-month period preceding the filing of this Petition.

☐ (B) That parent has been found by a court to be incompetent.

☐ (C) That parent is dead.

☐ (D) That parent does not have actual or court-ordered possession of or access to the child.

3.3 At least one parent's rights not terminated — § 153.433(a)(1). At the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated.

3.4 Adoption-related bar — § 153.434. The combined conditions in § 153.434 do not prohibit this request. Basis: [________________________________].

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the child, as follows:

[____________________________________________________________]

4.2 Significant impairment if access is denied. Denial of possession of or access to the child by Petitioner would significantly impair the child's physical health or emotional well-being, as shown by the following specific facts:

[____________________________________________________________]

4.3 Circumstances of the denial. Possession or access has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that a fit parent's decision regarding access is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); In re Derzapf, 219 S.W.3d 327 (Tex. 2007).

5.2 Fit-parent presumption — § 153.433(a)(2). Texas law presumes that a parent acts in the best interest of the parent's child. To obtain access, Petitioner must overcome that presumption by a preponderance of the evidence by proving that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being.

5.3 Burden. Petitioner bears the burden of proof and recognizes that the significant-impairment standard is a high, constitutionally grounded threshold and is more demanding than a simple best-interest analysis. In re Derzapf, 219 S.W.3d 327 (Tex. 2007).

5.4 Specific written findings — § 153.433(b). Petitioner requests that, if access is granted over a parent's objection, the Court state with specificity in its order each finding required by § 153.433(b)(1)–(3).

VI. CASE-SPECIFIC FACT DEVELOPMENT

6.1 The following are intake prompts for counsel and evidence development; they are not a substitute for the statutory significant-impairment proof:

☐ The capacity of Petitioner to give the child love, affection, and guidance;

☐ The length, quality, and nature of the relationship between Petitioner and the child;

☐ The child's need for stability and continuity of an established caregiving relationship;

☐ Petitioner's willingness to respect and not interfere with the parent-child relationship;

☐ The child's preference, if of sufficient age and maturity: [____________]

6.2 Supporting facts:

[____________________________________________________________]

VII. REQUESTED POSSESSION AND ACCESS SCHEDULE

7.1 Periodic possession or access. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Electronic / telephone contact. [____________]

7.4 Transportation and exchange. [____________]

VIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that:

A. Respondent(s) be cited to appear and answer this Petition;

B. The Court find that Petitioner is a qualifying biological or adoptive grandparent under § 153.432 and that the conditions in § 153.433(a)(1) and (a)(3) are satisfied;

C. After hearing, the Court find that Petitioner has overcome the fit-parent presumption by a preponderance of the evidence by proving that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being;

D. The Court order reasonable possession of or access to the child by Petitioner under the schedule in Section VII, or as the Court deems appropriate, and state the specific findings required by Texas Family Code § 153.433(b);

E. Costs be taxed as the Court deems just; and

F. The Court grant such other and further relief, at law or in equity, to which Petitioner may be justly entitled.

IX. VERIFICATION

STATE OF TEXAS §

COUNTY OF [____________] §

Before me, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, being by me duly sworn, deposed and stated that he/she is the Petitioner in this suit; that he/she has read the foregoing Petition; and that every factual statement stated as within personal knowledge is true and correct.

_________________________________
[PETITIONER NAME], Petitioner

SUBSCRIBED AND SWORN TO before me on this ___ day of __________, 20___.

_________________________________
Notary Public, State of Texas
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
State Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

OR (if self-represented):

_________________________________
[PETITIONER NAME], Pro Se
[ADDRESS] | [PHONE] | [EMAIL]

XI. CITATION AND SERVICE CHECKLIST

Use the citation issued by the clerk and the service method authorized by current procedure; do not substitute template-written citation text or a later certificate for original service.

☐ Every parent, conservator, and other person entitled to citation or notice under § 102.009 is identified.

☐ The clerk-issued citation and petition are served through an authorized method.

☐ Any requested alternative or publication service is supported by the required filing and court order.

EXHIBIT A — AFFIDAVIT REQUIRED BY § 153.432(c)

STATE OF TEXAS §

COUNTY OF [____________] §

BEFORE ME, the undersigned authority, personally appeared [PETITIONER NAME], who, being duly sworn, stated:

1. I am a biological or adoptive grandparent of [CHILD NAME] and am the Petitioner.

2. On my knowledge or belief, denial of possession of or access to the child by me would significantly impair the child's physical health or emotional well-being.

3. The supporting facts for that allegation are:

[____________________________________________________________]

[____________________________________________________________]

4. The facts above are based on ☐ my personal knowledge ☐ the following identified information supporting my belief: [________________________________].

_________________________________
[PETITIONER NAME], Affiant

SUBSCRIBED AND SWORN TO before me on [__/__/____].

_________________________________
Notary Public, State of Texas

SOURCES & REFERENCES

• Tex. Fam. Code §§ 153.432-.434 — filing route, mandatory supporting-fact affidavit, merits standard, findings, and adoption-related bar.
• Tex. Fam. Code Chapter 102 — SAPCR petition and service provisions.
• Tex. Fam. Code Chapter 103 — original-suit venue.
• Tex. Fam. Code Chapter 152 — UCCJEA jurisdiction and conditional § 152.209 information.
• In re Derzapf, No. 06-0669, 219 S.W.3d 327 (Tex. 2007) — official Supreme Court of Texas opinion.
• Troxel v. Granville, 530 U.S. 57 (2000) — official U.S. Reports opinion.

This Petition is a preparation aid only. Texas grandparent-access law imposes a high, constitutionally sensitive burden: a legally sufficient affidavit plus proof, by a preponderance, that denial of access would significantly impair the child's physical health or emotional well-being, together with a statutory trigger. Consult a licensed Texas family law attorney before filing.