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 (click on case name to read court's opinion) 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 Family Courts and Family Court Judges 245th District Court Judge Annette Kuntz (Galik) 246th District Court Judge Jim York 247th District Court Judge Bonnie Crane Hellums 257th District Court Judge Judy Warne 308th District Court Judge Georgia Dempster 309th District Court Judge Frank B. Rynd 310th District Court Judge Lisa Millard 311th District Court Judge Doug Warne 312th District Court Judge David Farr 312th District Court Judge James Squier (resigned) Courts' Physical address: 1115 Congress Ave. - Houston, TX 77002 Other Houston Courts and Judges |
| CASE NOTES AND CASES FROM OTHER COURTS See more --> Texas Grandparent Rights Cases Primary Custody to Grandmother Affirmed In re M.P.B. No. 05-07-00093-CV (Tex.App.- Dallas June 20, 2008)("M.P.B.'s father appeals the trial court's order appointing M.P.B.'s grandmother as the non- parent primary joint managing conservator and Father as a parent joint managing conservator. In three issues, Father contends (1) Grandmother did not have standing to bring suit, (2) the trial court denied him the right to a jury trial, and (3) Grandmother failed to overcome the statutory presumption that it is in a child's best interest to have custody awarded to a parent. We overrule Father's issues and affirm the trial court's order.") In re M.A.S., No. 04-06-00626-CV, (Tex.App.- San Antonio Sep. 12, 2007)("Speer contends that the trial court erred in applying a presumption that a parent acts in the best interest of her children in the modification proceeding. Citing In re V.L.K., 24 S.W.3d 338 (Tex. 2000) (1), Speer argues that the presumption, which is set forth in section 153.433(2) of the Texas Family Code (2), applies only to an original custody proceeding but not to a modification proceeding. We agree.") In re Sanchez, No. 04-06-00809-CV, 228 S.W.3d 214 (Tex.App.- San Antonio, Apr 4, 2007) ("Jennifer Sanchez seeks a writ of mandamus to compel the trial court to vacate temporary orders in a child custody modification suit. Because the trial court failed to apply the law properly and Sanchez has no remedy by appeal, we conditionally grant the relief requested.") Grandparent Gets Custody of Kids in Parents' Divorce - Court of Appeals affirms managing conservatorship to grandparents notwithstanding presumption that favors natural parents |