Grandparents’ Rights Attorney in San Antonio, TX

The relationship between grandchildren and their grandparents sets the foundation for a happy childhood. Unfortunately, grandparents in Texas do not have the automatic right to demand conservatorship of, possession of, or access to their grandchildren. Obtaining possessory (visitation) or conservatory (custody) rights to a grandchild requires help from an experienced family law attorney at Cook Law Firm in San Antonio, TX. Discuss your rights as a grandparent under the Texas Family Code with our dedicated domestic relations attorneys today.

Overview of Default Texas Conservatorship Laws

Texas family law presumes that each child’s biological (or adoptive) parents are the child’s joint managing conservators and act in their child’s best interest. Parents have the legal right to determine if and when grandparents may access their grandchildren. Disputes often arise when a parent with sole managing conservatorship rights denies the other parent access to their grandchildren.

Although grandparents do not have a default right to demand access to their grandchildren in such cases, Texas law provides qualifying grandparents with the right to file a lawsuit to request possession of or access to a grandchild (Tex. Fam. Code § 153.432).

Filing Possessory, Access, or Conservatorship Lawsuits in San Antonio

Grandparents’ rights are limited in Texas; however, the law establishes grounds for obtaining legal possession of or access to biological grandchildren in some instances. Our experienced family attorneys can analyze your case to determine whether you qualify for relief under Texas law.

Who Has Legal Standing?

Grandparents must first demonstrate that they have standing to file a lawsuit under the Texas Family Code before seeking access to their grandchild. Unless both of the child’s biological parents have died, a grandparent can only file a lawsuit if the child lived with him or her for at least 6 months, ending not more than 90 days before filing the lawsuit, and the child’s parent has passed away. Alternatively, grandparents may file a lawsuit if they had actual care, control, and possession of their grandchild for at least 6 months, ending not more than 90 days before filing the petition.

Grounds for Requesting Access to Grandchildren

Provided you have standing to file a lawsuit, Texas Family Code Section 153.433 sets forth the following grounds by which biological (or legally adoptive) grandparents may request possession of or access to a grandchild:

• At least one biological or adoptive parent of the child has not had his or her parental rights terminated,
• Evidence indicates that denial of possession or access would significantly harm the child’s health or emotional well-being and
• Grandparent’s child has been incarcerated for at least three months, died, was found incompetent by a court, or does not have actual or court-ordered possession of or access to his or her child (the grandchild).

Grandparents must generally provide initial evidence sufficient to show that their grandchild will suffer actual physical or emotional harm if they are denied possession or access. The judge must then determine whether they have grounds under § 153.433 and, if so, whether granting possession or access is in the grandchild’s best interest.

Compassionate Grandparents’ Rights Lawyers in San Antonio, Texas

Although grandparents do not automatically have the right to access or possess their grandchildren, the law does allow some grandparents to petition the court to obtain relief. This is a complex process that necessitates assistance from the dedicated San Antonio extended family rights attorneys at Cook Law Firm. Call (210) 740-0281 or contact our child possession team online today.