Legal Opinion · Dissent

In re Lewis

Court of Appeals of Texas

Decided December 9, 2011No. 02-11-00253-CVPublished

1DissentBill Meier, Justice

This court has previously held that a grandparent has standing to seek appointment as a child’s managing conservator under “the managing conservator” provision of family code section 102.004(a)(2) when only one managing conservator consents to the grandparent’s suit, even if there is more than one managing conservator. Because the majority departs from this precedent and relies on inapposite authority, I respectfully dissent.

Family code section 102.004(a)(2) provides that “a grandparent ... may file an original suit requesting managing conser-vatorship if there is satisfactory proof to the…

2Cases cited10 opinions

  1. State v. ShumakeTexas Supreme Court · 2006
  2. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. Fleming Foods of Texas, Inc. v. RylanderTexas Supreme Court · 1999
  5. Alex Sheshunoff Management Services, L.P. v. JohnsonTexas Supreme Court · 2006

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