In Harris county, Texas grandparents many times have had difficulty to file original suits but also trouble in filing interventions in active suits between the parents. Sections 1002.003 and 102.004 of the Texas family code gives grandparents the ability to intervene in a lawsuit that involves their grandchildren. Most of the Judges you will find are very hard on the grandparents. You can draft the lawsuit such that it would be pretty expensive for the parents to respond. This always helps get you an edge. Recently one of our local court of appeals held:
Thus in addition to drafting pleadings that are going to be expensive to respond, you always want to pay the jury fee. The judges are more objective and less likely to be persuaded than a panel of 12 citizens, many of whom may be grandparents. Also, many times the grandparents are dismissed by the judge prior to the final trial. This allows you to stay on the case until final trial. Perhaps even to ask for temporary orders and get interim custody, at the very least you will get to conduct discovery and then try the case to the jury.
ABOUT THE AUTHOR
Michael Busby Jr. is a divorce & family law attorney, who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com