Family Law Attorney for Austin and Central Texas CALL US IN AUSTIN: 512-499-8678

Grandparent's Right to Intervene into Ongoing Lawsuit

In addition to the standing provisions to file an original suit, a grandparent may intervene into an ongoing lawsuit involving their minor grandchild.  Section 102.004(b) expressly provides that the "court may grant a grandparent leave to intervene in a pending suit filed by a person authorized to do so under this subchapter if there is satisfactory proof to the court that the appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair the child's physical health or emotional development.

It is important to emphasize that a grandparent seeking to intervene into a suit is making a claim that their child is an unfit parent, or at the very least, unfit to be the grandchild's managing conservator.