Grandparents’ Rights in Harris County, Texas: Legal Strategies for Interventions
For over 25 years, I worked as a consumer bankruptcy attorney, filing over 4,000 Chapter 7 and Chapter 13 cases. Now, I focus exclusively on creditor representation, ensuring creditors recover what they are owed under Texas law. My experience in navigating complex legal procedures is also invaluable in family law cases, particularly for grandparents seeking to intervene in lawsuits involving their grandchildren.
In Harris County, Texas, grandparents often face significant challenges when filing original suits or intervening in active suits between parents. However, Sections 102.003 and 102.004 of the Texas Family Code provide a legal pathway for grandparents to intervene. Understanding these provisions and leveraging the right strategies can make all the difference.
The Legal Framework for Grandparent Interventions
Grandparents have standing to intervene in lawsuits involving their grandchildren under specific conditions:
- Section 102.003 of the Texas Family Code: This section outlines the general standing requirements for individuals seeking to bring a suit affecting the parent-child relationship (SAPCR).
- Section 102.004 of the Texas Family Code: Grants standing to grandparents to intervene in certain cases, especially when the child’s well-being is at risk.
Despite this legal standing, grandparents often face judicial scrutiny and skepticism, making strategic legal planning essential.
Strategic Steps for Grandparent Interventions
Draft Pleadings to Increase Costs for Opposing Parties
By crafting detailed and comprehensive pleadings, grandparents can make it more resource-intensive for the parents to respond. This approach often shifts the dynamics of the case, providing an advantage to grandparents.
Request a Jury Trial
Grandparents have the constitutional right to a jury trial in conservatorship cases, as affirmed in In re K.D.H., 426 S.W.3d 879 (Tex. App. 2014).
- A jury trial brings objectivity to the case, reducing the likelihood of bias that might occur in a bench trial.
- Jurors, many of whom may themselves be grandparents, are often more sympathetic to the grandparents’ position.
- Paying the jury fee ensures that this right is preserved.
Temporary Orders and Discovery
Filing for temporary orders can allow grandparents to secure interim custody or visitation rights. Even if dismissed before the final trial, intervening grandparents can:
- Conduct discovery to uncover critical evidence.
- Strengthen their case for potential appeals or future proceedings.
Key Case: In re K.D.H.
In the landmark case In re K.D.H., the Texas Court of Appeals emphasized the constitutional right to a jury trial in conservatorship disputes. The court held that:
“Parties who invoke their right to a jury trial are entitled to a jury trial on the issue of the appointment of a managing conservator, and the trial court may not contravene the jury’s verdict on the conservatorship issue.”
This precedent underscores the importance of invoking the right to a jury trial in grandparent intervention cases.
Grandparents’ Role in Family Law
While judges may dismiss grandparents from cases before the final trial, strategic actions such as filing temporary orders, leveraging discovery, and requesting jury trials can extend their participation. These steps often allow grandparents to advocate for the best interests of their grandchildren effectively.
