Standard for Possession and Access by Grandparent
Possession of or access to a child by a grandparent is governed by the standards established by Chapter 153 [of the Texas Family Code].” Tex. Fam. Code § 102.004(c). A grandparent seeking court-ordered visitation must overcome the presumption that a parent acts in the best interest of the child by proving by a preponderance of the evidence that denial of possession of or access would significantly impair the child’s physical health or emotional well-being. See § 153.433(2). A trial court abuses its discretion when it grants access to a grandparent who has not met this standard. In re Derzapf
, 219 S.W.3d 327, 333 (Tex. 2007) (per curiam).