AUSTIN: Grandparent Custody & Visitation Appeals

Austin Court of Appeals

Cases involving grandparents' lawsuit or intervention seeking possessory or managing conservatorship of, or access to, grand child/grand children.

Baggs v. Becker, No. 03-07-00731-CV (Tex.App.- Austin, Feb. 6, 2009, pet. denied June 2009)(grandparent sought custody after parents' divorce, Texas court declines to exercise jurisdiction in favor of Florida on forum non conveniens grounds)
("This appeal arises from a child custody suit filed by the child's grandmother and her husband. The trial court found that the State of Texas was an inconvenient forum and declined jurisdiction in favor of Florida. See Tex. Fam. Code Ann. § 152.207 (West 2002). The grandparents appeal and contend that the trial court's decision to decline jurisdiction was an abuse of discretion because it was not supported by the evidence. The Austin Court of Appeals hold that the trial court did not abuse its discretion and affirms the decision of the trial court.")

Kenda Kushner v. Stan Kushner, No. 03-06-00634-CV (Tex.App.- Austin, Mar. 7, 2008) (Opinion by Justice Pemberton )(Mother's appeal of order awarding custody of child to paternal grandfather intervening under the grandparent provisions of the Texas Family Code fails. Trial court did not err in refusing to strike petition in intervention.)
("Kenda Kushner appeals the district court's judgment appointing her ex-husband's father, Stanley Kushner, as sole managing conservator of her and her ex-husband's son, M.J.K. In a single issue, Kenda (1) argues that the district court abused its discretion when it failed to strike Stanley's Petition in Intervention of Grandparent in Suit Affecting the Child-Parent Relationship because Stanley failed to allege sufficient facts to satisfy the requirements to intervene under section 102.004(b) of the Texas Family Code. See Tex. Fam. Code Ann. §102.004(b) (West Supp. 2007). We overrule Kenda's issue and affirm the judgment of the district court. * * *
We affirm the district court's judgment appointing Stanley Kushner as sole managing conservator, and Phillip and Kenda Kushner as possessory conservators, of the child M.J.K.")

Spencer v. Vaughn, No. 03-05-00077-CV (Tex.App.- Austin, March 6, 2008)(order granting grandparent access affirmed)
("Appellants [...] appeal from the trial court's orders, entered after a jury trial, granting appellees Noel Douglas Vaughn and Catherine Gay Vaughn, Kippling Spencer's parents, access to their grandchildren M.N.Y. and S.N.S. They argue that the grandparent visitation statute then in effect is unconstitutional on its face and as applied to them. They further argue that it was an abuse of discretion to modify M.N.Y.'s conservatorship and to award $100,000 in attorney's fees. We affirm the trial court's orders.")