Texas: Grandparent Access Suit, Reversed due to trial court abused discretion. BY: Marie M.

Link for opinion: http://caselaw.findlaw.com/summary/opinion/tx-supreme-court/2010/11/05/252675.html

Title: Texas: Grandparent Access Suit, Reversed due to trial court abused discretion.

The Supreme Court of Texas  in RE; Richard Scheller, No. 09-1072, November 05, 2010, ruled that the previous order of grandfather, William Pemberton,  visitation would be reversed due to the grandfather not providing a preponderance of the evidence that it would be detrimental for the children not to see or spend time with him.

Amanda Scheller, the children’s mother, passed away in September of 2007. The maternal grandfather had visitation every six weeks with the two girls.  Mr. Scheller remarried Sylvia and they had primary custody of the two girls.  William and Judy Pemberton provided assistance to Richard and Amanda Scheller, caring for their

girls, when Amanda took ill.

The Schellers and Pemberton’s relationship deteriorated because according to Richard, William would not adhere to conditions set forth for visitation.  One of the conditions were bed times that the girls should go to sleep and another were topics of conversation to avoid.  Mr. Pemberton felt that since Richard got married to Sylvia the relationship between then had deteriorated

Pemberton filed a suit against Richard Scheller, under the Tex. Fam.. Code & 153.432, providing suits by grandparents for possession or access to grandchildren, the courts ruled to give access to the grandchildren while a study was performed.  The following conditions were set forth:

·         Weekly telephone or webcam access for 10 minutes

·         Possession every even-numbered month

·         Access December 28^th through December 30^th

·         Possession for the July weekend or Vacation Bible School

Scheller requested mandamus relief, which the court temporarily allowed, the courts ruled that the trial court did err in granting access to the children but did not err in appointing an expert to serve as guardian ad litem and a psychologist of evaluate the case and report back to the courts of what was in the best interest of the children.

Labels for the post: child visitation, grandparents, visitation