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Texas Grandparent Rights
§ 35.3 Joint Managing Conservatorship

There is no specific provision governing standing for a grandparent filing an original suit requesting joint managing conservatorship. Code sections 102.003 (general standing to file suit) and 102.004(a) (standing for grandparent to file suit requesting managing conservatorship) would probably apply to such an original suit. See discussions in section 35.1 and 35.2.

A grandparent appointed a joint managing conservator may serve in that capacity either with another non-parent or with a parent of the child. The same procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship in which a parent is appointed joint managing conservator (Code chapter 153, subchapter C) apply to a non-parent joint managing conservator. Texas Family Code Ann. § 153.372 (Vernon 1996).

Unless limited by court order or other provisions of Code chapter 153, a grandparent appointed a joint managing conservator has the right of access to the child’s medical records, without regard to whether the right is specified in the order. TFC § 153.3721 (Supp. 2001).

Code Section 153.131 contains two presumptions that a grandparent seeking joint managing conservatorship must overcome, which are described in section 35.2. Section 153.131(a) does not apply if the grandparent seeks joint managing conservatorship with a parent. Brook v. Brook, 881 S.W.2d 297, 299-300 (Tex. 1994).

A court is not authorized to order child support to be paid by the grandparents. See discussion in section 35.2.