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1. The parental rights of at least one parent have not been terminated;and
2. Visitation with your grandchild is in that grandchild's best interest; and
3. At least on the following is true;
1. Your child (a parent of your grandchild)
2. Has been incarcerated during the three month period prior to filing the petition;
Or Has been found to be incompetent; or Is dead; or
3. The parents of your grandchild are divorced or have been living apart for at least three months; or
4. Your grandchild has been abused or neglected by a parent; or
5. Your grandchild has been found by the court to be child in need or supervision;
6. Your child (a parent of your grandchild has had his or her parental rights to your grandchild terminated; or
7. Your grandchild has resided with you for at least six months during the last two years.
Thus, under Texas law, you do have the right to go to court and file a petition for grandparent visitation if you satisfy the above.
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