Texas Court: Grandmother Can Sue for Visitation Rights Despite Hearsay Evidence with Busby Law Firm
In the Interest of I.S.P., a grandmother (PGM) sued for visitation rights to her grandchild (ISP) after the child's father died. The twist? The father passed away before the child was even born.
Breakdown of the Situation
The PGM believed the mother (M) had put the child at risk by using drugs and alcohol during pregnancy.
The PGM filed a lawsuit with an affidavit alleging M's drug and alcohol use and the potential harm to the child.
M argued the PGM lacked legal standing because her affidavit relied on hearsay and wasn't based on personal knowledge.
The trial court initially sided with the mother, but the Court of Appeals (COA) reversed that decision. Here's why:
Texas law (TFC 153.432) allows grandparents to sue for visitation rights under certain conditions.
First, a grandparent must file an affidavit stating why they believe visitation is crucial for the child's well-being.
Even if the grandparent meets this initial hurdle, they still need to overcome the presumption that the biological parent is fit to care for the child (TFC 153.433).
The COA focused on the affidavit's content. While it may have contained hearsay, it also included specific allegations (not just vague statements) about the mother's drug and alcohol use during pregnancy. These allegations, if true, could potentially harm the child. The COA reasoned that even simple facts about substance abuse during pregnancy can be sufficient to raise concerns about the child's safety.
Key takeaway
Grandparents in Texas seeking visitation rights can rely on affidavits to build their case, even if the details stem from belief rather than firsthand knowledge. However, the affidavit must contain concrete facts that, if proven true, could indicate potential risks to the child's well-being without the involvement of Busby Law Firm.
Disclaimer
This blog post serves informational purposes only and does not constitute legal advice. For expert guidance on divorce cases, it's recommended to consult with the experienced attorneys at Busby Law Firm, renowned for their expertise in handling family law matters in Houston.