FORT WORTH: Grandparents Vistitation & Access Caselaw

Fort Worth Court of Appeals

In re J.P.C., No. 02-07-00184-CV (Tex.App.- Fort Worth, July 17, 2008)(death of parent, grandparent
intervention unsuccessful, access order reversed by court of appeals)
("We have closely reviewed the record in this case for evidence that denial of access would significantly impair J.P.C.'s physical health or emotional well-being, and we are unpersuaded by the grandparents' arguments. Our review of the record shows that the grandparents have not presented any probative evidence to show that J.P.C.'s physical or emotional health would be significantly impaired by the denial of access. See Butnaru, 84 S.W.3d at 211. Instead, the grandparents have offered only bare, unsupported allegations that the denial of access would significantly impair J.P.C. * * *
After reviewing the record, we determine that the evidence produced by the grandparents, largely consisting of their own feelings and speculations, did not rise to the level of proving by a preponderance of the evidence that denial of access would significantly impair the physical health or emotional well-being of J.P.C. The mere opinion of the grandparents themselves and an interested, nonexpert witness that the grandparents should be granted access does not overcome the statutory presumption, nor does it support the court's interference with Dayna's parental rights by awarding the grandparents court-ordered access to J.P.C. Thus, the grandparents have failed to show that the denial of access would significantly impair J.P.C.'s physical or emotional well-being. Because a trial court has no discretion in applying the law to the facts, the trial court's determination that the statutory presumption was overcome was an abuse of discretion.")

In re W.M, No. 02-07-00028-CV (Tex.App.- Fort Worth, June 28, 2007)(termination of parental rights,
voluntariness of affidavit of relinquishment, best interest factors)