In Texas, do the grandparents of a child have the same rights as the father who is in jail?

The grandmother is out of line, she has only the rights that you allow her to have, unless she files for visitation and the court grants her motion, evn if the grandparents were to file a motion, if the judge allowed them visits it would be nothing like the visitation the non-custodian parent get's, they may if their lucky be able to get the child(ren) one weekend or one day a month. Read very carefully the rights that grandparents have in Texas as I sent a copy to you (Below), what it states is that a grandparent(s) if their son is incarcerated can file for visitations, but it also states that in order for the grandparent(s) to file you the custodial parent would have to deny them visits, so my sujestion to you is this, allow the grandparent(s) to see the children at your house, even if you only allow them to see them once a month, your allowing them to see them, at the most I would only allow the grandparent(s) to take the child(ren) for a few hours on a saturday, or sunday, the point of this is because you are not stopping the grandparent)s) the right to see the child(ren), therefore if they file for visitations the burden of proof is upon them to prove that you are not allowing them visits, the court is not going to grant them visitations as long as your allowing them visits, so don't allow them to threathen you, also even when a grandparent(s) file for visitations the court also listens to the parent(s) and if you wanted to be nasty you could tell the court that the grandparent(s) are taking your children to see their father while he is incarcerted, they do not have that legal right to mak that decition, they need your consent.In Texas a court may award a grandparent "reasonable possession of or access to" a grandchild as long as least one biological or adoptive parent still has parental rights. The grandparent must "overcome the presumption" that a parent barring access is acting in the best interest of the child. In order to overcome this presumption, the grandparent must prove that denial would "significantly impair the child's physical health or emotional well-being."

In Texas the grandparent requesting access to a grandchild must be the parent of a parent who is dead, incarcerated, has been found by a court to be incompetent or for other reason does not have "actual or court-ordered possession of or access to the child."

A grandparent may not request access to a grandchild if both biological parents are dead or have had parental rights terminated. In addition, grandparents may not gain access if the grandchild has been adopted by other than a stepparent, or if both parents have executed affidavits designating another person or an agency as "managing conservator" of the child.

See Texas Statutes 153.432-434.