If You Are Not Allowed to Visit Your Grandchildren

After the death of your son or daughter, what are your rights if your son-in-law or daughter-in-law prevents you from visiting your grandchildren? It depends. Grandparents in the San Antonio area who are seeking visitation rights will need the advice and assistance of a San Antonio grandparents’ rights attorney.

More grandparents in the U.S. are taking care of their grandchildren than ever before. As of 2024, over seven million children under age eighteen were living with at least one grandparent.

Nevertheless, it is not uncommon for a widowed spouse to prevent his or her deceased spouse’s parents from visiting the grandchildren. Grandparents in this situation often become concerned about the safety and well-being of their grandchildren.

If a widowed parent prevents a grandparent from visiting the grandchildren, does that grandparent have a legal right to visitations? What steps can you take if you are the grandparent? When should you ask a San Antonio grandparents’ rights lawyer for legal assistance?

What Are a Grandparent’s Visitation Rights?

The death of a parent is perhaps the most difficult event a child can experience. It is precisely the type of circumstance where grandparents can offer a child emotional encouragement and support. Sometimes, however, a parent makes that support and encouragement unavailable. Texas law favors the parent over a grandparent unless the grandparent can overcome some legal hurdles.

Nevertheless, grandparents have some rights in Texas, and after a parent’s death, grandparents may ask the court to allow visits with their grandchildren. When a court must decide on grandparental visitation rights, it will consider a variety of factors.

In any case involving a child, a Texas court’s highest priority is the child’s best interests. However, the U.S. Supreme Court has determined that a grandparent has no “absolute” legal right to visit his or her grandchildren, even if those visits are in the grandchildren’s best interests.

What is the Supreme Court’s Position?

In Troxel v. Granville (2000), the U.S. Supreme Court tossed out a Washington State law that gave grandparents visitation rights even if a single, divorced, or widowed parent objected to the visits. The court placed parents’ rights above grandparents’ rights. This can result in a heartbreaking situation where the grandparents who were once very close to their grandchildren are now not allowed any contact with them.

As a consequence of the Troxel decision, grandparents in the United States do not have an absolute legal right to visit their grandchildren, but Texas law offers a path for some grandparents, in some cases, to overcome the legal obstacles and obtain visitation rights.

The Texas Family Code gives a grandparent the right to request visitations and sets forth the conditions that must be met before a Texas court will consider issuing a visitation order. If your son or daughter is the parent who has passed away or whose parental rights have been legally terminated, Texas law gives you the right to ask for a court order allowing visits with your grandchildren. In effect, you are asking to be given at least some of the rights of the deceased parent.

How Will a Family Law Attorney Help You?

If you are a grandparent asking the court for a visitation order, the legal burden is on you to prove to the court that your visits are in your grandchildren’s best interests. Speaking candidly, the burden of proof in these cases is quite high and quite difficult to overcome. It is important to be able to show that you had a close relationship with your grandchildren recently before the other parent cut off your visits.

Nevertheless, a San Antonio grandparents’ rights attorney can help grandparents fight for visitation rights by explaining the existing grandparent-grandchild relationship to the judge and showing that grandparental visits are in the grandchildren’s best interests.

How Do Texas Courts Balance Grandparental and Parental Rights?

When grandparents ask a Texas court for the right to visit their grandchildren, the court must act to balance the grandparents’ rights with the parent’s right to decide who may spend time with the child.

When grandparents ask for visitation rights in opposition to the parent’s wishes, a Texas court will consider:

  1. the current relationship between the grandparents and the child
  2. the reason the grandparents are asking for visitation rights
  3. the reason the parent is disallowing grandparental visits
  4. the effect of grandparental visits on the child’s regular activities
  5. the benefit of grandparental visits after one parent has passed away

Grandparents seeking visitation rights should be prepared to tell a judge about their relationships with their grandchildren, explain why their visits are in their grandchildren’s best interests, and present any additional evidence that may help the judge decide in their favor.

Is Your Grandchild at Risk?

If you believe your grandchild or grandchildren are at risk, the court requires you to present physical evidence supporting that claim.

If the parent has alcohol or drug issues, is abusive, or endangers a grandchild in some other way – and if you and your attorney can prove it – you may obtain visitation rights and may proceed to seek legal custody of your grandchild or grandchildren.

Is Going to Court Your Only Option?

If you are a grandparent being kept from your grandchildren or believe a grandchild may be at risk, speak with a San Antonio grandparents’ rights lawyer as soon as possible. Your lawyer will advise you regarding your entire range of legal options.

Going to court is not your only alternative. Mediation is often a better way to resolve disputes over grandparental visitation rights. The mediation process allows open communication between a parent and grandparents.

Mediation is voluntary in grandparental visitation cases. It allows for a negotiated settlement rather than a settlement imposed by a judge. If you are a grandparent seeking to visit your grandchildren, ask your San Antonio family law attorney about the mediation option.

South TX Family Law Will Fight Effectively for Your Rights

South TX Family Law will answer your questions and address your concerns about your grandchildren and visitation rights. We will review your options and explain your rights. We are skilled and experienced at resolving the most complicated family law disputes.

San Antonio family law attorney Laura D. Heard offers sound advice and represents clients in all types of family law disputes. Whether you are divorcing, adopting, or seeking to visit your grandchildren, attorney Laura D. Heard will bring the matter to its best possible conclusion.

If you live in Bexar County or anywhere in the greater San Antonio area or South Texas and are seeking visitations with your grandchildren or want to learn more about your grandparental rights, call 210-775-0353 to schedule your first consultation with the team at South TX Family Law.