Terminology: Grandparent access suit to grandchild or grandchildren | intervention in pending suit affecting the parent child
relationship | Suit Affecting the Parent Child Relationship (SAPCR) | Suit Petition or Motion to Modify Prior Order in SAPCR |
standing of grandparents under the Texas Family Code | care custody and control | possession of child and access to |
general standing |
parental presumption | emergency petition for appointment of conservator | termination of parental rights
| adoption |  
Parties: maternal paternal grandparent(s) | grandfather | grandmother | biological parents | mother | father | child |
grandchild | Petitioner | Respondent | One intervenor or several intervenors |
Court and jurisdiction: court of continuing jurisdiction | home state | resident | residency   
Child custody conservatorship status: joint sole primary managing conservator | obligor | obligee
State involvement: Child Protective Services CPS Case worker | Texas Department of Family and Protective Services
TDFPS DFPS FPS
Other players: Attorney Ad Litem | Amicus Attorney | Guardian Ad Litem | CASA | Mediator | Counselor |
Psychologist |
Procedures and events: removal of child | emergency hearing | show-cause hearing | service plan | petition
to terminate parental rights | home study | final order | order in
suit seeking termination of parent-child relationship |
appointment of joint or sole managing / possessory conservator in suit affecting the parent-child relationship

APPELLATE CASES - GRANDPARENT CASELAW FROM HOUSTON COURTS
OF APPEALS AND TEXAS SUPREME COURT
(click on case name to read court's opinion)
Also See --->  Blog on  Texas Grandparent and Nonparent SAPCR cases

Grandparent-Managing-Conservators' mandamus challenge to award of access to other
grandparent in Temporary Order entered by juvenile court fails
In re Kevin J. Smith (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost)
(SAPCR, grandparent access mandamus denied,
standing requirement for access satisfied)
MOTION OR WRIT DENIED: Opinion by Justice Frost  
Before Price, Justices Frost and Seymore
14-08-00164-CV In Re Kevin John Smith and Debbie Stanley Smith
Appeal from 314th District Court of Harris County
Trial Court Judge: John Phillips  

Texas Supreme Court vacates temporary order granting grandparents visitation to
grandchild
In Re Chambless, No. 07-0767, 51 Tex. Sup. Ct. J. 1111 (Tex. Jun. 27, 2008) (per curiam)
(family law, grandparent visitation suit)(mandamus granted)

In Interest of C.A.M.M., No. 14-06-00279-CV, 243 S.W.3d 211 (Tex.App.- Houston [14th Dist] Oct. 30,
2007)(Guzman)(SAPCR,
nonparent custody)
AFFIRMED AS MODIFIED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-06-00279-CV In the Interest of C.A.M.M.
Appeal from 310th District Court of Harris County (Hon. Lisa A. Millard)
Concurring Opinion by Justice Frost in In Interest of CAMM

Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(SAPCR, grandparents)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Frost and Guzman
14-06-00972-CV Brian K. Heiskell v. Kennith and Sheri Kendrick
Appeal from 311th District Court of Harris County (name of judge omitted from docket, Hon. Warne?)

Bolton v. Schultz (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson)(SAPCR, intervention, adoption
dispute)

First Court of Appeals Court Holds that Grandparent Had Standing to Intervene -
Custody Properly Awarded to Grandmother; No abuse of discretion in limiting parental
rights of mother despite presumption in favor of natural parents
Whitworth v. Whitworth, No. 01-04-01026-CV, 222 S.W.3d 616 (Tex.App.- Houston [1st Dist.] Mar. 16,
2007)(Hanks)(subst. opinion on rehearing)(family law, SAPCR, SMC, grandparents,
standing to intervene)
"Based on our review of the evidence, we conclude that the trial court did not abuse its discretion in
appointing Carol as the sole managing conservator after finding, by a preponderance of credible
evidence, that appointing Tammy as a managing conservator would result in serious physical or emotional
harm to K.C. See Brook, 881 S.W.2d at 298. We also hold that the trial court did not abuse its discretion in
awarding Tammy less than standard possession."

In re Schoelpple (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(per curiam denial)
[family law,SAPCR, grandparent access, effect of nonsuit on intervention]
MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Seymore)
14-06-01038-CV        In Re: Cindy Schoelpple
Appeal from 312th District Court of Harris County (
Judge James D. Squier)

Texas Supreme Court throws out sanctions in nonparent-SAPCR case

In re Moore, No. 06-0544 (Tex. Aug. 31, 2007)(per curiam)(SAPCR, nonparents, sanctions)


Grandparents Failed to Meet Statutory Test to Trump Parent in Dispute Over Grandchild

In Re Ricky Derzapf, No. 06-0669, 219 S.W.3d 327, 331-32 (Tex. 2007) (orig. proceeding) (Tex. Mar. 23,
2007)(per curiam) (family law, SAPCR, grandparent visitation suit,
parent prevails over grandparent
access claim, mandamus granted)  Also see  In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006):
Troxel v. Granville, 530 U.S. 57 (2000)

2006 Texas Supreme Court Cases addressing parental rights issues and nonparents

In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006) (grandparent access to grand child)
Kiefer v. Touris (Tex. May 26, 2006)(bill of review, paternity, nonpaternity)
Grandparent & Nonparent SAPCR Suits
and Intervention Cases from the
Houston Courts of Appeals
Houston Opinions | Grandparents Rights Blog
Harris County Family Law Center in Downtown Houston TX
Houston Opinions
Caselaw Web Pages by
Topic and Practice Area

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11/1/09