Tuesday, April 11, 2006

Case Law Development: Texas Supreme Court Reviews Grandparent Custody Bases

The Texas Supreme Court reversed a trial court's grant of generous grandparent visitation in a case in which Mother had objected to her mother-in-law's visitation with the child after Father had died.  The trial court had rejected Mother's claims that the statute was unconstitutional and awarded her mother-in-law "possession" of the child for one weekend a month, two weeks in the summer, four days during Christmas vacation, and alternating Thanksgiving weekends, as well as access through weekly telephone calls.  The Texas Supreme Court found the situation in this case to be "virtually the same" as the facts of Troxel v. Granville, 530 U.S. 57 (2000).  "In this case (as in Troxel) there was no evidence that the child's mother was unfit, no evidence that the boy's health or emotional well-being would suffer if the court deferred to her decisions, and no evidence that she intended to exclude [Grandmother's] access completely."

In re Mays-Hooper, 2006 Tex. LEXIS 256 (April 7, 2006)
Opinion on the web (last visited April 11, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_15.html

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