According to the San Antonio court, a trial court erred when it found that a man had no standing to file a suit affecting the parent-child relationship because the evidence on the man's relationship with the children was contradictory. Only when the evidence is undisputed may a court grant a plea to the jurisdiction. The court remanded the case to be heard by "the trier of fact." But unless the man paid a jury fee, what would be the point? The case would be heard by the same judge who found the mother's testimony credible. Moreover, Troxel v. Granville and its Texas progeny would prevent the man from obtaining any possession of or access to the children. In the Interest of Y.B., No. 04-08-00507-CV (Tex. App. - Austin Mar. 18, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: standing, troxel