Generally speaking, grandparents are no different than everyone else in the world when it comes to standing in a child possession case — A Suit Affecting Parent-Child Relationship (SAPCR). There are, however, some exceptions, depending on the facts of the case. Two common circumstances are a parent is unavailable to parent because the parent has died, or the parent is incompetent (in the legal sense, not the common meaning of the word).
In these types of circumstances, grandparents may be able to gain standing and proceed as a party in a SAPCR.
For more info on this topic, see the Texas Family Code ยง153.432 and the Texas Supreme Court case In re Derzapf, 219 S.W.3d 327 (Tex. 2007)
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This information is provided as a public service for informational purposes only. This post is NOT a substitute for legal advice and does not create an attorney-client relationship.
Comments are welcomed. Case-specific questions cannot be answered in this forum. You should always seek advice from a licensed attorney in a confidential consultation.
