SAN ANTONIO Appeals involving Grandparents

San Antonio Court of Appeals

Decisions in civil cases involving grandparents as parties and other cases involving grandparents, grandchildren, and nonparents seeking access, visitation, or custody of child

In re S.L.M., No. 04-07-00566-CV (Tex.App.- San Antonio June 18, 2008) (nonparent standing, sibling visitation)
("[S]ection 102.004(b) [of the Texas Family Code] explicitly sets forth who may intervene in a suit seeking to establish managing conservatorship. Tex. Fam. Code Ann. § 102.004(b) (Vernon Supp. 2007). Gary and Cindy B. did not meet that criteria. In a similar context involving a step-grandparent, the Texas Supreme Court rejected a standing argument based on an asserted justiciable interest, holding, "We cannot conclude that [the step-grandparent] has a justiciable interest in the controversy sufficient to override the statutory text" that explicitly sets forth who may sue for access. In re Derzapf, 219 S.W.3d 327, 332-33 (Tex. 2007). Similarly, in this case, we cannot conclude that Gary and Cindy B. have a justiciable interest in the controversy sufficient to override the statutory text requiring them to have substantial past contact in order to intervene as an "other person." See id.") ...
("Although section 153.551 establishes a statutory right to seek sibling access, section 102.0045 requires the sibling requesting access to be at least 18 years of age. (2) Tex. Fam. Code Ann. § 153.551, 102.0045 (Vernon Supp. 2007). Since S.B. is not at least eighteen years of age, she does not have standing to seek sibling access. Id.; but see generally Paige Ingram Castañeda, Comment, O Brother (or Sister), Where Art Thou: Sibling Standing in Texas, 55 Baylor L. Rev. (2003) (arguing legislature should extend standing to both adult and minor siblings and allow them to petition court for sibling access or visitation).")

In re J.O. No. 04-07-00752-CV (Tex.App.- San Antonio, May 14, 2008, no pet.)(grandmother as temporary possessory conservator, parental presumption)

in re Ray Ellison Grandchildren Trust, No. 04-06-00704-CV (Tex.App.- San Antonio, April 2, 2008, pet. filed) (probate law, construction of the word descendants, adoption of adult vs. child, legislative history of adoption statue)

In re M.A.S., No. 04-06-00626-CV, (Tex.App.- San Antonio September 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 deFilippi, No. 04-07-00506-CV, 235 S.W.3d 319 (Tex.App.- San Antonio, August 30, 2007)(children ordered returned to father after mother's death, superior custodial rights compared to grandparents)
In this original proceeding, relator Christopher R. deFilippi seeks a writ of mandamus to obtain possession of his three children after the unexpected death of their mother. The Honorable Oscar J. Hale, Jr., Judge of the 406th Judicial District Court of Webb County, denied relator's habeas corpus petition. We conclude that the trial judge had a ministerial duty to return the children to their father and therefore conditionally grant mandamus relief.

In re H.G. No. 04-07-00656-CV, ___ SW3d ___ (Tex.App.- San Antonio, June 11 ,2008)(grandparents of adopted children lack standing, attempted intervention in adoptive parents' divorce, quasi-estoppel)

In re Sanchez, No. 04-06-00809-CV, 228 S.W.3d 214 (Tex.App.- San Antonio, April 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.")

Tristan v. Castillo, No. 04-05-00658-CV (Tex.App.- San Antonio, March 14, 2007)