In Re Sullender
Jul 11, 2012OUTCOME: Court of Appeals ruled that Mother of children represented by William Bloodworth had the exclusive right to determine when and under what circumstances the grandmother could visit grandchildren. Court of Appeal ruled that Judge abused his discretion.
The father of the children was the grandmother's son. He died in a work-related accident. Thereafter, she filed an original petition for grandparent possession or access of the mother's sons. The trial ... court granted her possession and access, and the mother sought mandamus relief, which the court conditionally granted. The grandmother had access to the children following her son's death. Her allegations failed to show that the she had been denied access or possession, that the mother was not fit, or that the children's well-being would be significantly impaired if additional visitation was not granted to the grandmother, for purposes of Tex. Fam. Code Ann. § 153.432(c), 153.433(a)(2) (Supp. 2011). Thus, the grandmother did not set forth allegations that would have overcome the strong presumption in the mother's favor, and the trial court should have granted the mother's motion to dismiss and abused its discretion in not doing so. Thus, conditional mandamus relief was proper.
