Suits for Access

Question 1

**What is a Suit for Access and How is it Different from Conservatorship & Possession? **

Answer 1

• If successful, a suit for access grantsa person “access” to a child– meaning they can approach, communicate with, and visit with the child but cannot take possession or control of the child away from the managing conservator. (Ex. go to child’s school and have lunch w/them)
• There are no decision-making rights granted in a suit for access.
• In Texas, limited to certain groups of relatives, specifically grandparents and siblings.
• Person seeking access
  1. must have standing to bring the suit; and
  2. must overcome the parental presumption.

Question 2

What is the Parental presumption?

Answer 2

• Troxel v. Granville
• Established that a parent is deemed “fit” and as such has a fundamental right to determine who has access to their child. Fit parents are deemed to act/make decisions in ways that are in a child’s best interest.

Question 3

Significant Impairment

Answer 3

• Will be determined in a case-by-case basis. Examples of when significant impairment was found:
• Grandmother helped raise grandson since his birth, took him to doctor’s appointments, and knew how to administer his medications, father had limited contact with child over last five years and did not give child his medications on at least one occasion. In re J.J.R. (Tex. App.—Corpus Christi 2012).
• Grandchild lived with grandparents for nearly one year, referred to grandparents as “mom” and “dad” and had close ties with extended family. Casas v. Adriano–Corpus Christi, 2007.

Question 4

Significant Impairment Not Found

Answer 4

• Grandchildren had close relationship with grandmother and the grandchildren had previously resided with grandmother during father’s standard possession periods. Grandmother attended school activities and other events, and grandchildren stated that they missed their grandmother and wanted to have visitation with her.
• Grandchildren had close relationship with grandparents and would further lose a connection with their deceased father if they could not visit with grandparents.
• Grandchildren were accustomed to spending time with grandparents and wanted to see them more often.