Grandparent standing, possession & access decisions on appeal: Standard of Review

WHAT ARE THE APPELLATE COURTS' STANDARDS OF REVIEW WHEN GRANDPARENT RIGHTS ISSUES ARE APPEALED?

Whether a party has standing to bring suit is a legal question that we review de novo. See Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). In Texas, standing in the context of a suit affecting the parent-child relationship is governed by the family code; a party seeking relief in such a suit must plead and establish standing within the parameters of the language used in the code. See Tex. Fam. Code Ann. §§ 102.003-.007 (West 2008).

[The Court of Appeals reviews] the trial court's determination of a party's standing to file a suit affecting the parent-child relationship by construing the pleadings in favor of the petitioner and looking to the pleader's intent. In re M.J.G., 248 S.W.3d 753, 757 (Tex. App.--Fort Worth 2008, no pet.); In re SSJ-J, 153 S.W.3d 132, 134 (Tex. App.--San Antonio 2004, no pet.).

[The Court of Appeals applies] an abuse-of-discretion standard in reviewing a trial court's determination of grandparent access or possession under section 153.433 of the family code. In re J.P.C., 261 S.W.3d 334, 335-36 (Tex. App.--Fort Worth 2008, no pet.). A trial court abuses its discretion when it acts arbitrarily or unreasonably, or without reference to any guiding rules or principles. In re J.R.D., 169 S.W.3d 740, 743 (Tex. App.--Austin 2005, pet. denied).

A trial court has no discretion in determining what the law is or applying the law to the facts. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Therefore, a trial court abuses its discretion when it grants access to a grandparent who fails to meet the statutory requirements of section 153.433. J.P.C., 261 S.W.3d at 336.

SOURCE: Austin Court of Appeals' opinion in Cause No. 03-09-00189-CV (10/1/09)