Barrientos v. Garza

GUITTARD, Chief Justice.

The question for our decision is whether a grandparent may maintain an independent suit for access to a child under Texas Family Code Annotated, Section 14.-03(d) (Vernon Supp.1976), when no managing conservator has been appointed. We hold that the grandparent may not maintain such a suit.

The children in this case were born to appellant, Enrique Barrientos and his wife Mary Lou, now deceased. In Mary Lou’s lifetime her mother, Candleria Garza, lived in the home and helped with the children, and after her death Mrs. Garza assumed the mother’s responsibility. After the…