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Grandparents and Other Third Parties
(Suit Affecting the Parent Child Relationship)

RELATIVES WITHIN 3RD DEGREE OF CONSANGUINITY

An original suit may be filed at any time by a person who is a relative of the child within the third degree by consanguinity, as determined by Chapter 573, Government Code, if the child's parents are deceased at the time of the filing of the petition. Tex.Fam.Code §102.003(a)(13) In addition to the general standing to file suit in Section 102.003, a relative of the child related within the third degree by consanguinity may file an original suit requesting managing conservatorship if the order is necessary because the child's present circumstances would significantly impair the child's physical health or emotional development, or both parents, the surviving parent or the managing conservator or custodian have consented to the suit. Tex.Fam.Code §102.004(a). The definition of Consanguinity is found in Chapter 573 of the Texas Government Code. Two individuals are related to each other by consanguinity if:


(1) one is a descendant of the other; or
(2) they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose. TGC §153.022. The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them. A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree and so on. TGC §153.023(a). An individual's relatives within the third degree by consanguinity are the individual's:
(1) parent or child (relatives in the first degree);
(2) brother, sister, grandparent, or grandchild (relatives in the second degree); and
(3) great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree). Tex.Gov't.Code §153.023(c).