What Texas Grandparents Need to Know About the New Custody Laws

Grandparents have always played a vital role in raising children in Texas. Sometimes, when parents are unable—or unwilling—to step up, grandparents are the ones who provide stability, love, and a safe home. But the law controls whether grandparents (and other relatives) are even allowed to bring a case to court to protect a child.
This year, the Texas Legislature passed two new bills--House Bill 2350 and Senate Bill 2052—that make it harder for non-parents to get custody rights. These changes take effect on September 1, 2025, and they will directly impact grandparents who are stepping in to raise grandchildren.
Here’s what you need to know.

HB 2350: A Higher Hurdle for GrandparentsUnder the old law, a grandparent (or another non-parent) could sometimes get into court by showing they had provided “actual care, control, and possession” of a child for at least six months. That meant that even if a parent was still somewhat involved, a grandparent who was heavily involved in day-to-day care often had the right to file.
Starting September 1, 2025, the law changes. HB 2350 now requires proof of exclusive care—not shared caregiving. In other words, grandparents will have to show they were the only ones providing care, not just helping out alongside a parent.
The law does expand who counts as a relative if both parents have passed away—extending eligibility all the way to fourth-degree relatives (like great-aunts and great-uncles). But for most grandparents raising children while a parent is still alive, the bar has gotten higher, not lower.

SB 2052: Courts Must Favor Parents—Unless You Can Prove HarmThe other new law, SB 2052, strengthens what’s called the “parental presumption.” That means that courts must start with the assumption that a child’s best interest is to stay with their parent.
For grandparents, this means that it isn’t enough to show that you’ve been raising the child or that you can offer a more stable home. You now have to prove—by “clear and convincing evidence”—that the child’s health or emotional well-being would be seriously harmed if they stayed with their parent.
On top of that, any grandparent filing a case has to submit a detailed affidavit spelling out exactly why the child would be at risk. If the affidavit doesn’t meet the legal requirements, the case can be thrown out before it even begins.

What This Means for GrandparentsThese new laws make it harder for grandparents to step in—but they don’t shut the door completely. If you’ve been the primary caregiver for your grandchild, or if you believe your grandchild would be in danger without your intervention, you still have legal options.
The key is preparation. You’ll need strong evidence, careful documentation, and a legal strategy that addresses these new requirements head-on. You’ll also need to act quickly, because the old rules still apply to cases filed before September 1, 2025.

How The Palmer Law Firm Can HelpAt The Palmer Law Firm, we understand how deeply grandparents care for their grandchildren—and how frightening it can be to face new legal obstacles. We are committed to helping grandparents assert their rights and protect the children they love.
If you are already caring for your grandchild, or if you believe your grandchild’s safety is at risk, don’t wait. Call The Palmer Law Firm today for a consultation. We’ll explain your rights, help you gather the evidence you need, and guide you through the process of seeking custody or visitation under these new laws.
Your grandchildren deserve stability and love. Let us help you make sure the law recognizes the role you play in their lives.