When a parent passes away, grandparents often find themselves navigating complex legal terrain to maintain relationships with their grandchildren. A December 2025 decision from the Fourteenth Court of Appeals in Houston clarifies when grandparents have legal standing to seek custody in Texas, offering crucial guidance for families throughout Dallas and surrounding communities. Per the published opinion, this case demonstrates how Texas courts balance parental rights against the best interests of children who have established significant bonds with extended family members.
For families in Dallas, Irving, Richardson, and nearby areas facing similar circumstances, understanding these standing requirements proves essential before initiating legal action. The intersection of grandparent rights and parental presumption creates challenging legal questions that require experienced guidance from an experienced Dallas divorce attorney familiar with Texas Family Code provisions.
Case Background: A Grandmother’s Fight for Her Grandchildren
The dispute arose after B.C. filed suit seeking conservatorship of her two grandchildren following her daughter’s tragic death from a drug overdose. The children’s mother died on August 20, 2023, at the grandmother’s home where she and the children had been living. The father, C.S., immediately retook possession of the children and moved to dismiss B.C.’s petition, arguing she lacked legal standing to pursue custody.
B.C. initially based her standing claim on Texas Family Code Section 102.003(a)(9), which allows persons who have had actual care, control, and possession of a child for at least six months to file suit. The timeline showed the grandmother first took possession of the children in June 2021, caring for them for over a year until July 2022. After a brief month with their parents, the children returned to B.C.’s care in September 2022 when the mother entered rehabilitation and the father couldn’t manage childcare while working.
The mother completed rehab in late September 2022 but found herself locked out by the father. With nowhere else to go, she moved in with B.C., where the children were already staying. This living arrangement continued for eleven months until the mother’s death. The father then took custody of the children and, while allowing some daytime visits, refused overnight stays with the grandmother.
Understanding these complex custody transitions requires guidance from a knowledgeable Dallas child custody lawyer who can evaluate standing requirements under various statutory provisions.
Procedural History: Multiple Standing Theories
After the father’s initial motion to dismiss challenged her standing under Section 102.003(a)(9), B.C. amended her petition to assert two additional bases for jurisdiction. She added Section 102.004, which provides specific standing for grandparents when the child’s circumstances would significantly impair physical health or emotional development, or when the surviving parent consents to the suit.
More significantly, she invoked Section 102.003(a)(11), which allows suits by persons with whom the child and parent have resided for at least six months if the parent is deceased when the petition is filed. This provision applied directly to the eleven-month period when B.C., the children, and their mother all lived together before the mother’s death.
The trial court held an evidentiary hearing on the motion to dismiss. B.C. testified about the extended cohabitation period and the children’s circumstances. The father focused his testimony on concerns about the grandmother’s home being traumatic for the children since their mother died there, and argued the children were thriving in his new household with his fiancée and her children.
During closing arguments, the father challenged standing under Sections 102.003(a)(9) and 102.004, but made no argument regarding Section 102.003(a)(11). The trial court nevertheless granted the motion to dismiss without explanation or findings of fact. When families face similar Dallas family law attorney representation becomes crucial to properly plead and prove all available standing bases.
Legal Analysis: Three Jurisdictional Requirements Under Section 102.003(a)(11)
The Fourteenth Court of Appeals reversed the dismissal, finding B.C. established standing as a matter of law under Section 102.003(a)(11). The statute required proof of three jurisdictional facts: (1) cohabitation with both children and their parent for at least six months, (2) filing within ninety days after that period ended, and (3) the parent being deceased when the petition was filed.
Undisputed Evidence of Six-Month Cohabitation
The first requirement presented the most factually complex question. B.C. testified she retook possession of the children in September 2022 and that they lived with her continuously through the mother’s death on August 20, 2023. She further testified the mother moved in during late September 2022 after leaving rehab and being refused by the father.
The father’s testimony actually strengthened B.C.’s position. When asked by his own counsel whether the mother lived with B.C. and the children before her death, he confirmed “yes.” Critically, when asked if this circumstance existed “for more than a year before her passing,” he again answered affirmatively. While B.C. calculated the period at eleven months, both parties agreed it exceeded the statutory minimum of six months.
Texas courts have clarified that “have resided” for Section 102.003(a)(11) purposes means “living together in the same household.” The undisputed evidence showed all three, B.C., the children, and their mother, shared B.C.’s home continuously for nearly a year, easily satisfying this element.
Timely Filing Within Statutory Window
The second jurisdictional fact presented a straightforward calculation. The trial court took judicial notice that B.C. filed her petition on November 8, 2023. This date fell seventy-nine days after August 20, 2023, the undisputed date of the mother’s death and the end of the cohabitation period. Since the filing occurred well within the ninety-day window, this requirement was conclusively established.
Deceased Parent at Time of Filing
The third element required that the parent be deceased when the petition was filed. With the mother’s death on August 20, 2023, preceding the November 8, 2023, filing date, this requirement was clearly satisfied without dispute.
Because all three jurisdictional facts were established by undisputed evidence, the appellate court applied de novo review rather than analyzing legal and factual sufficiency. The court concluded B.C. demonstrated standing as a matter of law, making the trial court’s dismissal erroneous.
Families navigating these standing requirements benefit from consulting with an experienced Dallas child support lawyer who understands how conservatorship determinations affect ongoing support obligations.
Practical Implications: What This Decision Means for Texas Grandparents
This decision clarifies that Section 102.003(a)(11) provides grandparents a viable path to seek custody when they have lived with grandchildren and a deceased parent for the required period. The statute creates standing based on an established household relationship, without requiring grandparents to prove the children face significant impairment, the more demanding standard under Section 102.004.
The timing requirements deserve particular attention. The six-month cohabitation period must end “not more than 90 days preceding the date of the filing of the petition.” Grandparents must act quickly after a parent’s death to preserve their standing under this provision. Waiting beyond ninety days from when cohabitation ends forfeits this statutory basis, potentially leaving only the more restrictive grandparent-specific provision of Section 102.004.
The decision also demonstrates the importance of pleading multiple standing bases when available. B.C.’s initial petition relied solely on Section 102.003(a)(9), which the father challenged based on whether the grandmother had “actual care, control, and possession” when the mother was also present. By amending to add Section 102.003(a)(11), B.C. provided an alternative basis that ultimately proved successful.
For Dallas-area families, this case underscores how divorce attorney near me searches should prioritize attorneys with specific experience in standing requirements for third-party custody suits. The technical requirements can easily trap unwary litigants who fail to timely assert all available bases for jurisdiction.
Strategic Considerations: Lessons from Alternative Approaches
Different strategic approaches might have streamlined this litigation or provided additional protection for the grandmother’s position. Filing the initial petition with all three standing theories would have avoided the need for amendment and potentially shortened the dismissal hearing. While parties can amend pleadings, starting with comprehensive jurisdictional allegations demonstrates thorough preparation.
Alternative approaches to establishing the cohabitation timeline might have included documentation such as school records showing the grandmother’s address, medical records, or witness testimony from neighbors or family members. While the father’s own testimony ultimately confirmed the relevant facts, relying on opposing counsel to elicit helpful admissions involves unnecessary risk.
What we’ve learned from this case is that grandparents facing similar circumstances should immediately consult with legal counsel experienced in Texas Family Code standing requirements. The ninety-day filing deadline runs from when cohabitation ends, not from when the parent dies if those dates differ. Missing this window eliminates an important statutory basis for standing.
Families throughout Dallas, Garland, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Cockrell Hill, Lancaster, Seagoville, and Duncanville can benefit from understanding how these provisions interact before crisis situations arise. Proactive planning provides better outcomes than reactive litigation.
Important Legislative Changes Affecting Future Cases
The appellate decision included important footnotes alerting readers to recent amendments effective September 1, 2025. Section 102.003(a)(9) now requires “exclusive care, control, and possession” rather than “actual care, control, and possession,” and excludes relatives of children placed by CPS. Section 102.004 expanded to include relatives within the fourth degree of consanguinity rather than just the third degree.
Most significantly, the Legislature deleted Section 102.003(a)(11) entirely, eliminating the specific standing provision that proved decisive in this case. While the deletion does not affect cases filed before September 1, 2025, grandparents seeking to establish standing after that date must rely on other statutory provisions.
This legislative change makes Section 102.004, the grandparent-specific provision requiring proof that circumstances significantly impair the child’s physical health or emotional development, more important for future cases. Grandparents will need stronger evidence of actual or potential harm to the children to establish standing, rather than relying on the household relationship alone.
These evolving standards demonstrate why consulting with an experienced divorce lawyer in Dallas for family law matters ensures current understanding of applicable statutes. Laws governing standing change regularly, and outdated advice can prove costly.
When Grandparent Rights Meet Parental Presumption
Texas law strongly presumes that fit parents act in their children’s best interests. Grandparents seeking conservatorship face the burden of overcoming this presumption, which requires more than simply showing they could provide a good home. The standing inquiry, who may file suit, precedes the merits determination of what conservatorship arrangement serves the children’s best interests.
This case involved only the threshold standing question, with the trial court never reaching whether appointing B.C. as a conservator would actually serve the children’s welfare. The father’s arguments about the grandmother’s home being potentially traumatic and the children thriving in his household go to the merits of conservatorship, not to whether B.C. had standing to raise the claim.
The distinction matters significantly for litigation strategy. Establishing standing opens the courthouse door but guarantees nothing about the outcome. Grandparents who clear the standing hurdle then face the challenging task of rebutting the parental presumption with clear and convincing evidence. For families considering whether to pursue Dallas divorce lawyer consultation regarding grandparent rights, understanding this two-step process prevents unrealistic expectations.
Get Experienced Guidance for Your Family’s Unique Situation
Grandparent standing cases involve technical statutory requirements, tight filing deadlines, and evolving legal standards. The intersection of these factors creates complexity that demands experienced legal counsel familiar with current Texas Family Code provisions and recent case law developments.
At our Dallas family law practice, we bring over 25 years of experience helping families navigate custody disputes, grandparent rights, and conservatorship determinations. We provide honest assessments of your situation rather than false promises about outcomes. Our strategic approach balances aggressive advocacy with the compassion these difficult family circumstances demand.
If you’re a grandparent concerned about maintaining a relationship with your grandchildren, or if you’re facing a custody claim from a grandparent and need to understand your rights, contact our office today. We serve Dallas and surrounding communities including Irving, Richardson, Garland, Mesquite, DeSoto, and Grand Prairie with transparent communication about realistic outcomes in your specific situation.
Whether you need guidance on standing requirements, assistance preparing for a dismissal hearing, or comprehensive representation through a contested conservatorship case, our firm provides the experience and dedication your family deserves. Schedule your consultation with a trusted Dallas divorce attorney who understands how Texas courts evaluate grandparent rights and can help you pursue the best possible outcome for your grandchildren’s welfare.
