Grandparent Visitation Petition

ORIGINAL PETITION FOR GRANDPARENT POSSESSION OF OR ACCESS TO GRANDCHILD

(Suit Affecting the Parent-Child Relationship — Tex. Fam. Code §§ 153.432–153.433)

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW [PETITIONER NAME], Petitioner, and files this Original Petition for Grandparent Possession of or Access to a Grandchild under Texas Family Code §§ 153.432 and 153.433, and in support would respectfully show the Court as follows:

I. DISCOVERY LEVEL

1.1 Discovery in this suit is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure.

II. PARTIES

2.1 Petitioner — Grandparent

Co-Petitioner (spouse / other grandparent), if applicable:

2.2 Respondent(s) — Parent(s) / Conservator(s)

2.3 The Child

III. JURISDICTION AND VENUE

3.1 Subject-matter jurisdiction. This Court has jurisdiction over this suit affecting the parent-child relationship under Texas Family Code Chapters 102 and 153. A grandparent may request possession of or access to a grandchild by filing an original suit or a suit for modification under Texas Family Code § 153.432(a).

3.2 UCCJEA / home-state jurisdiction. This Court has jurisdiction to make an initial child-custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act, Texas Family Code Chapter 152, because Texas is the home state of the child:

☐ The child has lived in Texas with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Texas was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in Texas; or

☐ Other basis under Tex. Fam. Code § 152.201: [____________]

3.3 Continuing, exclusive jurisdiction.

☐ No court has continuing, exclusive jurisdiction of this matter.

☐ The following court has continuing, exclusive jurisdiction: [____________] (Cause No. [____________]), and this filing is a suit for modification in that court.

3.4 Venue. Venue is proper in [COUNTY] County under Texas Family Code § 103.001 because this county is the county in which the child resides.

IV. STANDING AND REQUIRED AFFIDAVIT (§ 153.432)

4.1 Required affidavit. Petitioner has executed and attached to this Petition an affidavit, on knowledge or belief, that contains, along with supporting facts, the allegation that denial of possession of or access to the child by Petitioner would significantly impair the child's physical health or emotional well-being, as required by Texas Family Code § 153.432(c). The affidavit is incorporated herein as Exhibit A.

4.2 Statutory trigger — § 153.433(a)(3). At least one of the following is true with respect to the parent of the child who is Petitioner's son or daughter (check all that apply):

☐ (A) That parent has been incarcerated in jail or prison during the three-month period preceding the filing of this Petition.

☐ (B) That parent has been found by a court to be incompetent.

☐ (C) That parent is dead.

☐ (D) That parent does not have actual or court-ordered possession of or access to the child.

4.3 At least one parent's rights not terminated — § 153.433(a)(1). At the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated.

V. FACTUAL ALLEGATIONS

5.1 History of the relationship. Petitioner has had a significant relationship with the child, as follows:

[____________________________________________________________]

5.2 Significant impairment if access is denied. Denial of possession of or access to the child by Petitioner would significantly impair the child's physical health or emotional well-being, as shown by the following specific facts:

[____________________________________________________________]

5.3 Circumstances of the denial. Possession or access has been denied or unreasonably limited, as follows:

[____________________________________________________________]

VI. CONSTITUTIONAL AND STATUTORY STANDARD

6.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that a fit parent's decision regarding access is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006).

6.2 Fit-parent presumption — § 153.433(a)(2). Texas law presumes that a parent acts in the best interest of the parent's child. To obtain access, Petitioner must overcome that presumption by a preponderance of the evidence by proving that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being.

6.3 Burden. Petitioner bears the burden of proof and recognizes that the significant-impairment standard is a high, constitutionally grounded threshold and is more demanding than a simple best-interest analysis. In re Derzapf, 219 S.W.3d 327 (Tex. 2007).

6.4 Specific written findings — § 153.433(b). Petitioner requests that, if access is granted over a parent's objection, the Court state with specificity in its order each finding required by § 153.433(b)(1)–(3).

VII. BEST INTEREST OF THE CHILD

7.1 In addition to the significant-impairment showing, Petitioner alleges that the possession or access requested below is in the best interest of the child, considering:

☐ The capacity of Petitioner to give the child love, affection, and guidance;

☐ The length, quality, and nature of the relationship between Petitioner and the child;

☐ The child's need for stability and continuity of an established caregiving relationship;

☐ Petitioner's willingness to respect and not interfere with the parent-child relationship;

☐ The child's preference, if of sufficient age and maturity: [____________]

7.2 Supporting facts:

[____________________________________________________________]

VIII. REQUESTED POSSESSION AND ACCESS SCHEDULE

8.1 Periodic possession or access. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

8.2 Holidays and special occasions.

8.3 Electronic / telephone contact. [____________]

8.4 Transportation and exchange. [____________]

IX. PRAYER

WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that:

A. Respondent(s) be cited to appear and answer this Petition;

B. The Court find that Petitioner has standing under Texas Family Code §§ 153.432 and 153.433(a)(1) and (a)(3);

C. After hearing, the Court find that Petitioner has overcome the fit-parent presumption by a preponderance of the evidence by proving that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being;

D. The Court order reasonable possession of or access to the child by Petitioner under the schedule in Section VIII, or as the Court deems appropriate, and state the specific findings required by Texas Family Code § 153.433(b);

E. Costs be taxed as the Court deems just; and

F. The Court grant such other and further relief, at law or in equity, to which Petitioner may be justly entitled.

X. VERIFICATION

STATE OF TEXAS §

COUNTY OF [____________] §

Before me, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, being by me duly sworn, deposed and stated that he/she is the Petitioner in this suit; that he/she has read the foregoing Original Petition; and that every statement contained therein is within his/her personal knowledge and is true and correct.

_________________________________
[PETITIONER NAME], Petitioner

SUBSCRIBED AND SWORN TO before me on this ___ day of __________, 20___.

_________________________________
Notary Public, State of Texas
My Commission Expires: ___________

XI. SIGNATURE

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
State Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

OR (if self-represented):

_________________________________
[PETITIONER NAME], Pro Se
[ADDRESS] | [PHONE] | [EMAIL]

XII. NOTICE / CITATION TO RESPONDENT

TO THE RESPONDENT(S): "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you." (Tex. R. Civ. P. 99.) You have the right to be represented by an attorney.

XIII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (together with the § 153.432(c) affidavit and the UCCJEA affidavit) was served on each Respondent / counsel of record by ☐ personal service / citation ☐ certified mail, return receipt requested ☐ e-service through the electronic filing manager ☐ other: [____________].

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Tex. Fam. Code § 153.432 — Suit for Possession or Access by Grandparent; mandatory affidavit (subsection (c)) alleging significant impairment.
• Tex. Fam. Code § 153.433 — Possession of or Access to Grandchild: parental-rights condition (a)(1); preponderance / significant-impairment standard overcoming the fit-parent presumption (a)(2); statutory trigger — incarcerated/incompetent/dead/no actual-or-court-ordered access (a)(3); required specific findings (b).
• Tex. Fam. Code § 153.434 — Limitation on the right to request access (intact-family bar).
• Tex. Fam. Code ch. 102 — standing and procedure for a SAPCR; ch. 152 — UCCJEA (§ 152.209 affidavit).
• In re Derzapf, 219 S.W.3d 327 (Tex. 2007) — significant-impairment standard; access denied where harm not shown.
• In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006) — fit-parent presumption and special weight under Troxel.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision is entitled to special weight.

This Petition is a preparation aid only. Texas grandparent-access law imposes a high, constitutionally sensitive burden: a legally sufficient affidavit plus proof, by a preponderance, that denial of access would significantly impair the child's physical health or emotional well-being, together with a statutory trigger. Consult a licensed Texas family law attorney before filing.