This question has been addressed in 1 Texas court opinion:
COA03 — February 11, 2026
In this case, paternal grandparents intervened in a custody dispute seeking court-ordered access to their grandchild. They provided affidavits detailing a deep bond, including homeschooling the child and taking him on vacations. The child's mother challenged their standing, arguing they failed to meet the strict legal requirements of the Texas Family Code. The Court of Appeals agreed with the mother, ruling that grandparents must prove that denying access would "significantly impair" the child's physical health or emotional well-being. The court held that evidence of a close relationship and "unavoidable sadness" from separation is not enough to overcome the legal presumption that a fit parent acts in their child's best interest.
Litigation Takeaway
“A close familial bond is not enough to grant grandparents legal standing in Texas; they must provide specific facts showing that a lack of access will cause documented physical or clinical emotional harm to the child.”