Can a Non-Biological Parent Get Custody or Visitation Rights to a Child in Texas?
Family doesn’t always follow a traditional mold. Many children are raised by step-parents, long-term partners, grandparents, or other caregivers who play a central role in their lives. But what happens if that relationship ends? Can a non-biological parent still get custody or visitation rights?
In Texas, the answer is complicated. While biological parents have strong constitutional rights, the law also recognizes the importance of stable and ongoing relationships between children and caregivers.
The Rights of Biological Parents
Under both U.S. and Texas law, biological parents have a constitutional and statutory right to raise and make decisions for their children. This right is deeply rooted in the belief that parents are best equipped to care for and guide their own children.
Because of this, Texas courts begin every custody case with a strong presumption in favor of the biological parent. In other words, the court assumes it’s in the child’s best interest to remain in the custody of a biological mother or father unless clear and convincing evidence shows otherwise.
For non-parents (including step-parents, relatives, or long-term caregivers) this legal presumption creates a significant hurdle. To overcome it, they must prove that the child’s current living situation is harmful or that the biological parent is unfit or unable to provide proper care. Only then will the court consider granting custody or visitation rights to someone who is not the child’s biological parent.
When Can a Non-Biological Parent Seek Custody?
Texas Family Code allows a non-parent to petition for custody (also called conservatorship) in limited circumstances. These include:
Step-Parents or Other Caregivers
If you have had actual care, control, and possession of the child for at least 6 months (and that time ended no more than 90 days before filing), you may be eligible.
Grandparents or Close Relatives
May file a Petition for Custody if the child’s current living situation is harmful or if both parents agree.
Standing in Loco Parentis
If you’ve acted as a parent and formed a strong, ongoing parental relationship, you may have standing to seek rights.
Visitation Rights for Non-Biological Parents
Texas law does not automatically recognize visitation rights for non-biological parents (including step-parents, long-term partners, or close family friends); no matter how strong their bond with the child may be. The courts give priority to the legal rights of biological or adoptive parents, which means non-parents must meet a high standard before visitation will be considered.
To grant visitation, a court must find clear evidence that maintaining the relationship is in the best interest of the child. Judges weigh factors such as:
The strength and duration of the relationship between the child and the non-parent
The emotional and developmental impact of ending contact
The wishes of the child, depending on their age and maturity
Any history of instability, neglect, or abuse in the child’s current environment
If the biological parent opposes visitation, the non-parent must typically prove that denying contact would be harmful to the child’s well-being. This is a high bar to meet, as Texas courts are cautious about interfering with parental rights.
For situations where a step-parent is seeking ongoing contact after separation from the biological parent and without prior custody orders, the path is often even steeper. Unless the biological parent supports ongoing visitation or there’s clear evidence the child would suffer emotional harm without it, courts are unlikely to grant access. Every case is different. A non-biological parent who proves a stable and caring relationship with the child may persuade the court to grant visitation.
Adoption and Establishing Legal Rights
For step-parents or long-term partners who want a permanent and legally recognized role in a child’s life, adoption is the most effective path forward. Unlike visitation or conservatorship, which can be limited or revoked, adoption creates a lasting legal bond identical to that of a biological parent. Once finalized, the adoptive parent gains full parental rights and responsibilities, including decision-making authority, inheritance rights, and the duty of financial support.
In Texas, step-parent adoption typically requires two key steps:
The first step is to terminate the rights of the other biological parent, either voluntarily or through a court proceeding if that parent is absent, unfit, or has failed to maintain a relationship with the child.
Filing a petition for adoption by the step-parent, often accompanied by a home study and background check to ensure the adoption serves the child’s best interests.
Once the court approves the adoption, the new parent-child relationship is legally permanent. The adoptive parent’s rights are protected in the same way as any biological parent, including custody, medical decision-making, and access to education and records.
Without adoption, even the most devoted step-parent or partner has limited legal standing. They may be left without rights to visitation or custody if the biological parent dies, becomes incapacitated, or ends the relationship. Adoption removes that uncertainty, giving both the parent and child the stability and protection they deserve.
The Court’s Focus: Best Interest of the Child
At the heart of any custody case is the “best interest of the child” standard. Courts weigh factors such as:
The emotional and physical needs of the child
The stability of each home environment
The strength of the child’s relationship with each caregiver
Any history of abuse, neglect, or instability
Protecting the Bonds That Matter Most
Yes, in Texas, a non-biological parent can sometimes obtain custody or visitation rights, but it’s far from automatic. The process is fact-specific, legally complex, and often emotionally challenging.
If you are a step-parent, grandparent, or caregiver seeking to protect your relationship with a child, LDG, PLLC can help you understand your rights and fight for what’s best for the child.