San Antonio Grandparents’ Rights Lawyers

San Antonio Grandparents’ Rights Lawyers

Help for grandparents who want access to their grandchildren in Texas

There’s nothing like the loving bond between grandparents and grandchildren. For grandparents, there’s happiness knowing that your child has their own children and the joy of feeling young again. Grandparents can enjoy telling their grandchildren about their roots while grandchildren can remind grandparents that it’s okay to laugh, make mistakes, and appreciate the newness of the world. When divorces happen, the focus is mostly on the spouses and the parents’ relationships with their children. It’s important, however, to continue these grandparent/grandchild bonds for the benefit of both generations.

At Grable Grimshaw PLLC, our San Antonio grandparent’s rights lawyers help keep grandparents in contact with their grandchildren when we draft child custody plans. We directly represent grandparents, when necessary, to protect their Texas right to continue enjoying their grandchildren when parents are not able to care for their children. When the parents are unable to provide for their children, due to death or for other reasons, we help grandparents adopt their children.


What Our Clients Are Saying

"The unfortunate circumstances of a divorce caused me to hire a lawyer but hiring Matt Grimshaw as my attorney opened my eyes to know there are still good people in this world. Mr. Grimshaw was transparent, humble, and compassionate. He demonstrates the compassion to serve others is in his patience and kindness. He is an expert in family law. He took the time and never made me feel rushed or left me feeling uninformed." – Rita P.

"Mr. Mora is amazing! I’ve worked with him twice now and I’ve had nothing less than excellent and professional service! I was going through a very stressful and crazy litigation with my ex-husband and every curveball was thrown but without Mr. Mora and is amazing paralegal Amanda helping me to remain calm and strong to the very end, I really don’t know how things would have turned out! If you are someone who is looking for an attorney who acts with integrity, morals and is extremely thorough and has a great reputation then I highly recommend Mr. Mora. My children and I thank you again." – Morgan W.

Do grandparents have a right to visit with their grandchildren in San Antonio?

Generally, grandparents do not have a right to visit with their children unless certain conditions apply. Texas state law provides that a grandparent can petition the family court for access (visitation) or possession (conservatorship/custody) if at the time of the petition:

  • At least one biological or adoptive parent of the child has not had their parental rights terminated
  • The grandparent who is seeking access or possession of the child
    • “Overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being”
    • The grandparent seeking access or possession is a parent of a parent of the child and the parent of the child:
      • Has been incarcerated in jail or prison during the three months preceding the filing of the petition
      • Has been found judged to be incompetent
      • Is deceased
      • “Or does not have actual or court-ordered possession of or access to the child.”

This burden is a very high standard and hard to prove. Generally, the court requires that the grandparent show that the grandchild is “endangered” when the petition is filed.

What practical alternatives can grandparents assert after a divorce?

Normally, during the marriage, both parents encourage both sets of grandparents to have contact with their children. In addition to the joy and emotional benefits for both the grandparents and the grandchildren, grandparents often make for great babysitters when parents need time to themselves.

When parents divorce, they should work with experienced San Antonio family law attorneys to determine the conservatorship arrangements and develop a written custody plan. The arrangements and plans should be made part of a court order. The custody plans can, but are not required, include contact with the grandparents of each parent.

After the divorce, ideally, each parent encourages their parents (the maternal or paternal grandparents) to spend time with their children. Each parent may also encourage their in-laws to spend time with the grandchildren. Generally, grandparents who have already established a bond with their grandchildren will likely be more encouraged to continue that bond than grandparents who are seeking to see their grandchildren for the first time in months or years.

If your child cuts off access, then unless you can meet the high legal test described above, you’ll need to find a way to communicate with your child to continue building your bond with your grandchildren.

When do grandparents usually seek visitation or custody in San Antonio?

In addition to the death of a parent or the incarceration of a parent, one of the common reasons why a child is endangered is when a grandparent’s child (the parent of the grandchild) is having alcohol or substance abuse problems. Often a grandparent or both grandparents, if they’re both alive, will ask to have conservatorship/custody of the grandchild while the parent seeks medical help for their addiction or substance abuse.

Generally, the San Antonio family court will favor the other biological or adoptive parent but if both parents are not able to take care of the child, then the grandparents should and hopefully do seek custody of the grandchild.

San Antonio Grandparents Rights

In what situations can a grandparent adopt their grandchild in San Antonio?

Please note that adoption is different from a conservatorship. A grandparent who adopts a child is legally bound to raise that child and care for that child – just as if the grandparent was a parent – until the child turns 18. A grandparent who has a conservatorship of a child can make decisions about how the child is raised, where the child attends school, and the religious upbringing of the child. If the parent can show their competency (such as after a successful drug treatment program), the parent will be able to ask that they (the parent) become the conservator again and that the conservatorship rights of the grandparents be terminated.

Grandparents may seek to adopt a grandchild in the following situations:

  • The parents are both dead.
  • One parent is dead and the other parent is incarcerated, has abandoned the child, is abusing the child, or otherwise endangering the child.
  • The biological parents are both abusing drugs or alcohol.
  • A parent is just too young. Many teens are just not able to competently care for a child. Here, the young parent voluntarily relinquishes their parental rights in favor of the grandparent(s).

Grandparents should review whether adopting their grandchild is in the grandchild’s best interests. If the grandparents are too ill, too old, or have limited finances, there may be other relatives such as the siblings of the parent who are better qualified to adopt the grandchild.

Our San Antonio grandparents’ rights attorneys understand the practical considerations and legal requirements for adopting a minor child. We’ll help you understand your rights and duties. We’ll help you adopt your grandchildren when it’s in your best interests and the grandchildren’s best interests.

Do you have a grandparents’ rights lawyer near me?

Grable Grimshaw, PLLC meets grandparents and grandchildren at our office located at 1603 Babcock Rd Suite 280. We also speak with clients by video conference when necessary.

Our San Antonio family lawyers will explain your rights and work to help you protect your grandchildren.

Talk with an experienced San Antonio grandparents’ lawyer today

Grandparents deserve to see their grandchildren. At Grable Grimshaw PLLC, we help connect families. When a parent dies, is imprisoned, has substance abuse problems, or is unable to care for their child; our San Antonio grandparents’ rights lawyers help grandmothers and grandfathers understand their legal rights so the grandchildren are safe and protected. To discuss your family rights when a grandchild is in need, please call us or submit our contact form today to schedule a consultation.