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Texas Grandparent Rights
§ 35.8 Suit for Modification

If a grandparent has standing to sue under Family Code chapter 102, the grandparent may file a suit for modification in the court with continuing, exclusive jurisdiction. The grandparent may also file suit for modification if the grandparent is a party affected by the order. Texas Family Code Ann § 156.002 (Vernon 1996).

A grandparent seeking to modify a decree must comply with the standards established in Code chapter 156. 

§ 35.9 Pleadings

The petition must contain the information required by Code section 102.008(b). The petition and all other documents in the proceeding shall be styled “In the Interest of ____________, a Child.” Texas Family Code Ann. § 102.008 (Vernon 1996).

Certain information must be presented to the court under oath in each party’s first pleading or an affidavit attached to it. Texas Family Code § 152.209 (Supp. 2001). If a party alleges in an affidavit or sworn pleading that disclosure of identifying information would jeopardize the health, safety, or liberty of a part or child, the information must be sealed and may be disclosed only on court order after a hearing. Texas Family Code § 152.209(e)

The original petition, the original answer, and any other initial pleading must include a statement on alternative dispute resolution that meets the requirements of Code section 102.0085. Texas Family Code § 102.0085(a) (supp. 2001). The statement is not required in a pleading in which all service of citation is by publication. Texas Family Code § 102.0085(c)(1).

The first numbered paragraph in the original petition must include the petitioner’s allegation of the intended discovery level. Texas Rules of Civil Procedure 190.1.

To intervene in a suit, a grandparent should file a plea in intervention. 

§ 35.10 Jurisdiction

Jurisdiction in a case in which a grandparent is seeking managing conservatorship of, possession of, or access to a child is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (Code sections 152.001m through 152.317).

§ 35.11 Venue

Venue for an original suit is as provided in Code section 103.001. Texas Family Code Ann. S 103.001(a) (Vernon Supp. 2001). The term suit in the title 5 of the Texas Family Code is defined as a suit affecting the parent-child relationship. Texas Family Code Section 101.031 (1996). An Original suit shall be flied in the county in which the child resides unless another court has continuing, exclusive jurisdiction under Code chapter 155or venue is fixed in a suit for dissolution of a marriage under Code chapter 6, subchapter D. Texas Family Code Section 103.001(a) (Supp. 2001). If a Texas court has acquired continuing, exclusive jurisdiction, no other Texas court has jurisdiction of a suit with regard to that child except as provided by Code chapter 155or chapter 262. TFC S 155.001(c). A transfer of venue of a suit is governed by the provisions of Code sections 103.002 and 103.003 and Code chapter 155. If venue is improper, it may be transferred on the timely motion of an intervener.

§ 35.12 Best Interest of Child

Suits by Grandparents are difficult because of the issues of standing to file suit and because of the presumptions favoring parents over non-parents. When representing a grandparent, it is important to remember that the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Texas Family Code Ann. S 153.002 (Vernon 1996).