As an attorney who works with families in Texas, I often receive questions from grandparents about their rights to visitation when their child is deceased. It’s a difficult and emotional situation, and I understand the desire to maintain a close relationship with your grandchildren.

Unfortunately, it’s important to note that grandparents do not automatically have the right to visit their grandchildren just because their child has passed away. However, that doesn’t mean that there aren’t options available to you.

If you feel that you are being denied the opportunity to visit your grandchildren and that this denial is causing a significant impairment to their physical or emotional well-being, you do have the option to file a lawsuit against the living parent. In order to do this, you will need to allege that the parent is not fit to make decisions in the best interest of the child and that the denial of visitation with you is causing harm to the child.

It’s important to note that this is a high burden for you to prove, so it’s essential that you have specific evidence to support your allegations. This could include documentation of previous visits, testimony from you and others about the importance of your relationship with the grandchild, and evidence of the harm that the denial of visitation is causing to the child.

If you are considering taking legal action to seek visitation rights, it’s important to consult with an experienced attorney who can help you navigate the process and present a strong case to the court. At my law firm, we understand the importance of maintaining strong family relationships and we are dedicated to helping grandparents and other family members protect their rights and achieve the best possible outcomes in child custody cases. If you have any questions or need legal assistance, don’t hesitate to reach out to us.

Schedule a consultation.