Se Habla Español
facebook linkedin youtube

San Antonio Grandparents’ Rights Lawyer

Bexar County grandparent visitation attorneys

Grandparents Have Rights, But They Are Limited

Grandparents often play an important role in their grandchildren's lives. They may provide support for parents by assisting with child care, as well as offering their grandchildren emotional support, unconditional love, and lessons about tradition and respect. Texas law recognizes the benefits of fostering these relationships, but family courts will usually seek to provide the necessary balance and ensure that parents maintain the rights to raise their children as they believe is appropriate. Thus, grandparents' rights to share in child custody and maintain visitation with grandchildren are limited.

Whether you are the parent or the grandparent of a child, Brandon Wong & Associates can help you navigate the laws related to grandparent visitation. Our attorneys understand the laws that affect grandparents' rights, and we have experience addressing these matters in family courts. This experience can help us anticipate how the court may apply the law under different circumstances, and we are prepared to advocate for solutions that will provide for children's best interests. We are dedicated to helping families address these matters in ways that preserve important relationships and ensure that children can be raised in a loving, supportive environment.

When Might a Court Grant Custody or Visitation Rights to Grandparents?

The term "grandparents' rights" implies that grandparents may be entitled to visitation time with their grandchildren, but the law generally considers this to be more of a privilege than a right. In situations where one or both parents have refused to allow grandparents to spend time with grandchildren, the courts will often defer to the parents' judgment. However, there are some situations where grandparents may be able to seek authorization from the court to have visitation time with their grandchildren, or they may even be able to take custody of children in certain circumstances.

The Texas Family Code details the requirements that a grandparent will need to meet when requesting visitation. Generally, these requests may be made in situations where a parent has denied visitation time to grandparents, and the other parent has died, is incarcerated, has been determined to be unfit by a court, or does not have custody rights toward their child. While courts will presume that a parent's decisions are in the best interests of the child, grandparents may be able to overcome this presumption by providing evidence that denying their ability to have visitation with their grandchild will cause significant harm to the child's well-being. For example, if a grandparent had provided regular care for a grandchild in the past, and they had previously had a positive, supportive relationship with the child, they may argue that the denial of visitation may affect the child's ability to receive the proper care and that the lack of a relationship with the grandparent could cause the child to suffer emotional harm.

In some cases, it may be possible for grandparents to request conservatorship and physical custody of children. If both of a child's parents have died or are otherwise unavailable to provide ongoing care for their children, a grandparent may seek to be appointed as the managing conservator of grandchildren, which will give them the right to make decisions about how the children will be raised. If a grandparent has served in the role of primary caregiver for a child for at least six months, the court may grant them permanent legal and physical custody of children, ensuring that they will be able to continue playing this role going forward. Grandparents may also take steps to adopt their grandchildren, which will give them permanent parental rights.

Contact Our San Antonio Grandparents' Rights Lawyers

Our attorneys can answer your questions and help you understand your rights as a grandparent, and we will work with you to implement solutions that will provide for your grandchildren's best interests. Please call our office at 210-201-3832 to schedule your initial consultation with an experienced lawyer. You may also complete a form online and send us your information.

Back to Top