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Texas Grandparent Rights
§ 35.2 Managing Conservatorship

In addition to the general standing to file suit provided by Code section 102.003(13), a grandparent may file an original suit requesting managing conservatorship if there is satisfactory proof too the court that the order requested is necessary because the child’s present environment presents a serious question concerning the child’s physical health or welfare or that both parents, the surviving parent, or the managing conservator or custodian either filed the petition or consented to the suit. Texas Family Code Ann. § 102.004(a) (Vernon Supp. 2001).

In any suit by a grandparent for managing conservatorship of a child in which a parent is an opposing party, the grandparent must overcome two statutory hurdles. 

The first requirement is very significant. Subject to the prohibition of Code section 153.004 concerning a history of domestic violence, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development, parent shall be appointed sole managing conservator or both parents shall be appointed joint managing conservators of the child. Texas Family Code § 153.131(a)

Section 153.131(a) does not apply if, instead of seeking sole managing conservatorship, a grandparent requests joint managing conservatorship with a parent. Brook v. Brook, 881 S.W. 2d 297, 299-300 (Tex. 1994).

The presumption that a parent should be appointed or retained as managing conservator is rebutted if the court finds that the parent has voluntarily relinquished actual care, control, and possession of the child to a non-parent, a licensed child-placing agency for a period of one year or more, a portion of which was within ninety days preceding the date of intervention in or filing of the suit, and that the appointment of the non-parent or agency as managing conservator is in the child’s best interest. Texas Family Code § 153.373 (1996).

The Second statutory obstacle facing a grandparent seeking appointment as managing conservator is a rebuttable presumption that the appointment of the child’s parents as joint managing conservators is in the best interest of the child: a finding of a history of family violence involving the child’s parents removes the presumption. Texas Family Code § 153.131(b) (Supp. 2001).

If the child’s parents are deceased, the grandparents may be considered for appointments as managing conservators, but consideration does not alter or diminish the court’s discretionary power. Texas Family Code § 153.431 (1996).

A parent may designate a grandparent to serve as managing conservator in an unrevoked or irrevocable affidavit of relinquishment of parent rights executed as provided by Code chapter 161. The court shall appoint a grandparent so designated to serve as managing conservator unless the court finds that the appointment would not be in the child’s best interest. Texas Family Code § 153.374. (Termination of the parent-child relationship is discussed here.)

Unless Limited by court order or a provision in Texas Family Code Chapter 153, a grandparent appointed a sole managing conservator has the rights of a non-parent appointed a sole managing conservator, which are set out in Code section 153.371. 

If appointed managing conservator, a grandparent, like other non-parents, must file an annual report with the court in compliance with Texas Family Code section § 153.375(a).

A court is not authorized to order child support to be paid by the grandparents. Blalock v. Blalock, 559 S.W. 2d 442, 443 (Texas Civil App. Houston [14th Dist.] 1997, no writ). Code section 154.001 allows a court to order either or both parents to support a child. Similarly, there is no provision for requiring a grandparent to provide medical support for the child. See Code chapter 154, subchapter D. Because only a parent can be required to make payments under the terms of a support order for a child, a grandparent cannot bean “obligor” and so cannot be ordered to provided medical support.