Grandparent Access and Mother’s Obstruction

In the Interest of J.R.D. was a Dallas case where the grandparent’s filed a suit for grandparent access. The trial was to the bench. At the conclusion of the case, the mother moved for a directed verdict arguing that the grandparents had failed to meet their statutory burden showing that the denial of access would significantly impair the child’s physical health and emotional development. The motion was denied the trial court issued an order granting grandparent access.

The court of appeals analyzed the evidence at trial which showed that the grandparents had visitation under temporary orders but that the mother had not complied and further that the mother refused to allow the visits to be unsupervised. The grandparents testified that it was important for the child to maintain a relationship with the grandparents, especially in light of the fact that the father had recently died. The court of appeals reversed and remanded.