In Re JPC

261 S.W.3d 334, 2008 WL 2780700
CourtCourt of Appeals of Texas
DecidedJuly 17, 2008
Docket2-07-184-CV
StatusPublished

This text of 261 S.W.3d 334 (In Re JPC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re JPC, 261 S.W.3d 334, 2008 WL 2780700 (Tex. Ct. App. 2008).

Opinion

261 S.W.3d 334 (2008)

In the Interest of J.P.C., a child.

No. 2-07-184-CV.

Court of Appeals of Texas, Fort Worth.

July 17, 2008.

*335 Georganna L. Simpson, Law Offices of Georganna L. Simpson, Sarraine S. Krause, Dallas, for Appellant.

Matthew Riek, Law Offices of Matthew Riek, John T. Eck, Fort Worth, for Appellee.

PANEL B: LIVINGSTON, WALKER, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. Introduction

In one issue, Appellant Dayna Kay C. argues that the trial court abused its discretion when it granted Appellees Richard and Maurine C.'s petition for grandparent access. We reverse and render.

II. Factual and Procedural History

Dayna and Robert C. were married May 20, 1996. They had one child, J.P.C., who was born March 29, 1999. Dayna filed for divorce from Robert in May 2002. After the divorce was filed, Robert went to live with his parents, Richard and Maurine C. ("the grandparents"). Subsequently, the trial court entered temporary orders awarding Dayna primary managing conservatorship and awarding Robert standard possession subject to the grandparents' supervision.

In March or April 2003, the divorce proceedings were halted when Robert was diagnosed with a terminal disease. Robert died on May 9, 2004. J.P.C. was five years old at the time. On May 18, 2004, the grandparents filed an original petition for grandparent access. On January 31, 2007, the trial court issued a rendition letter granting the grandparents possession of and access to J.P.C. On May 18, 2007, the trial court signed its order granting the grandparents possession and access. J.P.C. was eight years old at that time. Dayna brought this appeal.

III. Standard of Review

Before we determine the merits of Dayna's appeal, we must first decide what standard of review applies to a trial court's determination of grandparent access and possession under section 153.433 of the *336 Texas Family Code.[1] TEX. FAM.CODE ANN. § 153.433 (Vernon Supp.2008). Although section 153.433 does not specifically include a best interest analysis, section 153.002 dictates that the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Id. The determination of a minor's best interest requires the court to balance the possible benefits and detriments to the minor in granting grandparent access and possession.[2] This type of balancing necessarily involves the exercise of judicial discretion and should be reviewed on that basis. See In re Doe 2, 19 S.W.3d at 281. Moreover, this type of review is used in many other family law contexts; for instance, in child support, adoption, and custody cases the trial court's best interest finding is reviewed for an abuse of discretion.[3]Id. Because of the discretionary nature of the trial court's determination and the similarity to review of best interest findings in other family law contexts, we hold that abuse of discretion is the proper standard of review for a trial court's determination regarding grandparent access and possession.

To determine whether a trial court abused its discretion, we must decide whether the trial court acted without reference to any guiding rules or principles; in other words, we must decide whether the act was arbitrary or unreasonable. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985), cert. denied, 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986). Merely because a trial court may decide a matter within its discretion in a different manner than an appellate court would in a similar circumstance does not demonstrate that an abuse of discretion has occurred. Id. An abuse of discretion does not occur where the trial court bases its decisions on conflicting evidence. In re Barber, 982 S.W.2d 364, 366 (Tex.1998) (orig.proceeding). Furthermore, an abuse of discretion does not occur as long as some evidence of substantive and probative character exists to support the trial court's decision. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 211 (Tex.2002). A trial court has no discretion in determining what the law is or applying the law to the facts, even when the law is unsettled. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex.2004).

In Dayna's sole issue on appeal, she argues that the trial court abused its discretion when it granted the grandparents access to J.P.C. because the evidence was both legally and factually insufficient to support that decision. In appropriate cases, legal and factual sufficiency are relevant factors in assessing whether the trial court abused its discretion. Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex.1991); Tex. Dep't of Health v. Buckner, 950 S.W.2d 216, 218 (Tex.App.-Fort Worth 1997, no writ). Furthermore, when an abuse of discretion standard of review applies to a trial court's ruling, findings of *337 fact and conclusions of law aid us in reviewing the propriety of the ruling by providing us with an explanation for the ruling. Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 852 (Tex.1992); Samuelson v. United Healthcare of Tex., Inc., 79 S.W.3d 706, 710 (Tex.App.-Fort Worth 2002, no pet.).

IV. Grandparents Access

A. Applicable Law

Section 153.433 of the Texas Family Code sets forth the requirements that must be met before a court may order grandparent access to a grandchild.[4]See TEX. FAM.CODE ANN. § 153.433. The statute presumes that a parent acts in the child's best interest, and it permits a grandparent to obtain court-ordered access only upon a showing that denial of access will "significantly impair the child's physical health or emotional well-being." In re Derzapf, 219 S.W.3d 327, 333 (Tex.2007) (orig.proceeding).

The Legislature has set a high threshold for a grandparent to overcome the presumption that a parent acts in his or her child's best interest: the grandparent must prove that denial of access would "significantly impair" the child's physical health or emotional well-being. TEX. FAM. CODE ANN. § 153.433(2) (emphasis added); see Derzapf, 219 S.W.3d at 334. This high threshold exists so that a court will refrain from interfering with child-rearing decisions made by a parent simply because the court believes that a "better decision" could have been made. See Derzapf, 219 S.W.3d at 334 (quoting Troxel v. Granville, 530 U.S. 57, 73, 120 S.Ct. 2054, 2064, 147 L.Ed.2d 49 (2000)).

B. Overcoming the Statutory Presumption

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
In Re Derzapf
219 S.W.3d 327 (Texas Supreme Court, 2007)
Troxel v. Granville
530 U.S. 57 (Supreme Court, 2000)
Beaumont Bank, N.A. v. Buller
806 S.W.2d 223 (Texas Supreme Court, 1991)
Butnaru v. Ford Motor Co.
84 S.W.3d 198 (Texas Supreme Court, 2002)
Worford v. Stamper
801 S.W.2d 108 (Texas Supreme Court, 1991)
Texas Department of Health v. Buckner
950 S.W.2d 216 (Court of Appeals of Texas, 1997)
Samuelson v. United Healthcare of Texas, Inc.
79 S.W.3d 706 (Court of Appeals of Texas, 2002)
In Re Doe 2
19 S.W.3d 278 (Texas Supreme Court, 2000)
In the Interest of W.E.R.
669 S.W.2d 716 (Texas Supreme Court, 1984)
Downer v. Aquamarine Operators, Inc.
701 S.W.2d 238 (Texas Supreme Court, 1985)
Chrysler Corp. v. Honorable Robert Blackmon
841 S.W.2d 844 (Texas Supreme Court, 1992)
In Re Barber
982 S.W.2d 364 (Texas Supreme Court, 1999)
Gillespie v. Gillespie
644 S.W.2d 449 (Texas Supreme Court, 1982)
in the Interest of J.P.C., a Child
261 S.W.3d 334 (Court of Appeals of Texas, 2008)

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Bluebook (online)
261 S.W.3d 334, 2008 WL 2780700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jpc-texapp-2008.