Grandparents Have Rights, But They Are Limited

Grandparents play an important role in their grandchildren's lives. They provide support, love them unconditionally and teach them about tradition and respect. Texas law recognizes the benefits of fostering these relationships but must balance them with the constitutional right to parent your own child. Thus, grandparents' child custody and visitation rights are very limited.

MARVEL & WONG, PLLC in San Antonio can help you navigate these laws whether you are the parent or the grandparent. Our attorneys have more than 100 years of combined experience in family law. We know the law. Equally important, we can anticipate how the court may apply the law under a varying set of circumstances.

When Might A Court Grant Custody Or Visitation Rights?

The phrase "grandparents' rights" tends to imply that grandparents may be entitled to enforce visitation time, but the law considers these rights as more of a privilege. Grandparents must seek authorization from the court before they can enforce visitation time with the child or take custody.

Every case will depend on the individual circumstances and the best interests of the child, but there are a few situations in which a court may award visitation, guardianship or custody rights:

  • The parents have divorced and one refuses visitation.
  • A parent is found to have abused or neglected the child.
  • A parent has been incarcerated.
  • A parent has passed away.
  • A parent is unable to care for his or her child due to substance abuse or other issues that have put the child's safety and well-being at risk.
  • Grandparents have stepped into the role of primary caregiver of the child for at least six months.

Do You Have Questions About Grandparents' Rights? Contact Us.

MARVEL & WONG, PLLC can answer your questions and help you understand your rights. Please call our office at 210-201-1630 to schedule your free initial consultation with a lawyer. You may also complete a form online and send us your information.