Skip to content 
When discussing biological parents parenting time, most people assume only blood relatives have legal rights. However, the law takes a more nuanced view. While biological parents are often the default, courts recognize that children can form strong, meaningful attachments with non-biological caregivers. In some cases, judges may grant parenting time to individuals who have played a consistent parental role, regardless of genetics. These decisions focus on the child’s emotional well-being, daily routines, and the person who truly acted as a parent in their life.
Understanding Parenting Time vs. Custody
Courts treat parenting time as separate from legal or physical custody. Custody relates to decision-making and where the child lives. Parenting time focuses on when each parent or guardian can spend time with the child.
Biological parents usually get first consideration, but courts don’t shut out non-parents automatically. Grandparents, step-parents, adoptive parents, and other caregivers may be eligible for parenting time depending on the situation.
When Biological Parents Have Priority
Legal Rights Start With Biological Parents
Courts give biological parents the first chance to raise and care for their children. They hold rights by default unless the court finds them unfit or unavailable. In custody cases between a parent and a non-parent, the parent often has the upper hand. That’s because the law recognises the right of a parent to raise their own child.
Courts Still Look at the Child’s Needs
Even when a biological parent steps forward, the court asks whether they meet the child’s needs. If a parent shows neglect, abuse, or an inability to provide a stable home, the court may consider others who can. The focus shifts away from biology and moves toward what supports the child’s growth and safety.
When Non-Biological Caregivers Step In
Step-Parents
Step-parents sometimes request parenting time, especially after long marriages where they raised the child alongside the biological parent. Courts may grant time if the step-parent built a strong bond and the child relies on that relationship.
Step-parents who acted as daily caregivers often have a stronger case. They can argue that losing the connection would harm the child emotionally.
Grandparents
Some states allow grandparents to request parenting time, especially if one or both biological parents have died or lost custody. Courts look at how involved the grandparents have been and how their presence affects the child’s well-being.
In cases where a parent blocks visits, grandparents may need to prove the child would suffer without them. Some courts are stricter about this than others, but many allow grandparent visitation when it helps the child stay grounded.
Legal Guardians
A legal guardian can receive parenting time if a court assigned them the role during a parent’s absence. Even after a parent returns, guardians may still play an important role. Judges may allow continued visits, especially if the child has lived with the guardian for a long period.
Same-Sex Partners and Non-Biological Parents
In same-sex relationships, one parent may not be biologically related to the child. If the couple used a donor or surrogate, one partner may lack legal parent status unless they adopted the child.
Still, courts often recognise the role that non-biological parents played. If they were present at birth, shared parenting duties, and supported the child financially and emotionally, they can request parenting time. Some courts require formal adoption or court orders, but others accept strong evidence of parental involvement.
De Facto Parents
Some states use the term “de facto parent” for someone who acted like a parent even without legal or biological ties. These individuals must prove that the child depended on them, lived with them, and saw them as a parental figure.
A de facto parent can request parenting time and sometimes custody. Courts may treat them like a parent if they meet the legal test, especially in long-term caregiving relationships.
Situations Where Non-Biological Parents Receive Parenting Time
- A grandmother who raised a child while both parents were incarcerated
- A long-term foster parent who provided daily care for several years
- A stepfather who stayed involved after the divorce and continued to support the child
- A same-sex partner who raised the child since birth and remained in the home after separation
- A legal guardian appointed due to medical issues of the parents
In each case, the court reviewed the relationship, the child’s emotional needs, and the caregiver’s role.
What Courts Consider Before Granting Parenting Time
The Child’s Best Interests
Courts want to avoid disrupting a child’s emotional and developmental growth. If the caregiver played a consistent and meaningful role, the judge may grant visits to support stability.
Past Caregiving Role
Judges often ask who handled the bedtime routine, school drop-offs, or doctor appointments? If the non-parent did, that shows real involvement. Emotional bonds built through everyday care carry weight in court decisions.
The Wishes of the Child
Older children may have a say. If the child expresses a strong desire to see a non-parent, the court may consider it, especially if the child is mature enough to understand the situation.
Parental Opposition
If the biological parent objects to parenting time, courts may weigh that concern carefully. However, objection alone doesn’t block a request. The court still decides based on what benefits the child.
Parental Rights vs. Child’s Needs
Courts try to balance parental rights with the child’s right to a safe, stable environment. They won’t take custody or parenting time away from a fit parent lightly. But they also won’t ignore a child’s strong emotional ties to someone outside the biological line.
In high-conflict cases, non-parents should provide evidence such as:
- Photos, messages, or letters that show the relationship
- Testimony from teachers, doctors, or others familiar with the bond
- Records of financial support or shared caregiving responsibilities
How to Request Parenting Time as a Non-Biological Caregiver
- File a motion or petition with the family court
- Show evidence of the relationship, including length, frequency, and emotional depth
- Prepare to explain why the child benefits from continued time with you
- Respect legal boundaries if a parent objects, but pursue your rights through proper channels
- Consider legal counsel to guide you through court procedures and strengthen your case
When Parenting Time Is Denied
Non-parents don’t always succeed. If a judge believes the request interferes with the child’s routine, causes confusion, or undermines parental authority, they may deny it. Courts also deny time when the non-parent poses a risk or lacks a meaningful connection.
The best way to avoid denial is to present a clear, respectful request that focuses on the child’s needs. Avoid making the case about the parent’s flaws or personal conflict.
Conclusion
Biological parents parenting time is typically granted by default, but it isn’t guaranteed or exclusive. Courts recognize that a child’s well-being often depends on more than just genetics. When a non-biological adult has formed a strong, consistent bond with the child, judges may consider granting parenting time based on that emotional connection. The focus remains on what makes the child feel safe, loved, and supported.
If you’ve played an active parental role, you may have a valid case for parenting time. What matters most is showing meaningful involvement—not just intent. In these cases, courts prioritize the child’s best interests over biology alone.
Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Custody E-Book.”
Other Related Articles
- Reversing an Adoption in Texas: Is It Possible for Biological Parents?
- The Role of Biological Parents in Same-Sex Adoptions in Texas
- Can a Biological Parent Regain Custody After CPS Involvement in Texas?
- Ways to regain lost summer parenting time in Texas
- How to think about dividing parenting time with your child in a Texas divorce
- Grandparents in Texas: What rights do they have in regard to visitation?
- Spring Break Visitation in Texas
- Texas child support can differ depending on how much visitation time you are awarded
- Restricting visitation and supervised visitation in Texas child custody cases
- Methods of communication for divorced parents
