Grandparents and grandchildren can develop strong relationships. That relationship can be strained or interfered with in the event a parent dies, there's a divorce, or a family conflict arises, and the result of any of the latter tears the family apart or severs the grandparents' relationship. This can be traumatizing for the grandchild.
Many clients want to know what rights grandparents have. Our clients are both parents who want to block contact between a grandparent and your child and grandparents who want to take legal steps to maintain contact with the child or even, in some cases, fight for legal rights.
Can Grandparents Get Visitation Rights in San Antonio?
Until 40 years ago, grandparent rights were unheard of. However, when grandparents are involved in the lives of their grandchildren, strong bonds often form. When death or divorce threaten to separate them from their grandchildren, many grandparents today turn to the law to help them maintain a relationship with their grandchildren.
Most states provide statutory guidance on the ability of grandparents to have visitation or custody––though it is not always as inclusive as the grandparents want it to be. It truly is a state by state issue, and knowing the laws in your state is essential to understanding what rights grandparents have in your jurisdiction.
Our grandparent rights attorney in Texas will help you understand your rights––whether you are the parent or the grandparent.
Considerations for Grandparent Visitation Rights in Texas
There are certain factors most courts take into consideration when determining whether or not a grandparent should be allowed visitation rights. Common factors include:
- Best Interest of the Child: The court will consider whether or not it is in the best interest of the child to have visitation with the grandparent.
- Previous Relationship: The court will look at the relationship between the grandparent and the grandchild to determine whether or not the relationship should continue.
- Child's Preference: When the grandchild is older, the court may take into consideration whether or not they wish to have visitation with their grandparent.
- Parental Involvement: Are both parents alive and active in the child's life? Are the parents fit custodians of the child? Are the parents together, separated, or divorced? These are all matters the court will consider.
When Can't Grandparents Request Visitation Rights in San Antonio
Most jurisdictions hold that when a child is adopted and the biological parents' rights are terminated, so are the rights of the biological grandparents. This means that the biological grandparents are not able to seek visitation rights with the child.
Due to the holding in Troxel vs. Granville, 530 U.S. 57 (2000), the courts also place great weight on a parent's right to make decisions regarding their child. It is seen as a fundamental right of a parent to oversee the care, custody, and control of their child, and that means they should have the right to decide who is allowed to have visitation with their child.
