Grandparents’ Rights Alive?

Archive, Blog, Brad M. LaMorgese

The San Antonio Court of Appeals, on November 4, 2015, affirmed the trial court’s appointment of grandparents as a child’s managing conservators.

The case began as a termination request of the mother’s parental rights to two children by the Texas Department of Family and Protective Services. After trial, the trial court placed one child with the maternal grandmother and one child with the paternal grandmother.

The mother complained that the grandparents were not parties to the case, nor had they filed any pleadings. In affirming, the Court of Appeals held that because pleadings were filed by the Department, the trial court did not abuse its discretion in appointing the grandparents as managing conservators.

This opinion did not mention Troxel or address the fundamental rights of a parent vs. grandparent.