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trialmotionburden of proof
trialmotionburden of proof

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In re Clay, Not Reported in S.W. Rptr., 2019 WL 545722

Facts

Cheryl's declaration, which was attached to the Jacksons' intervention petition, she stated that she had been a 'full time component' of Ann's life since Ann's birth: I care for [Ann] when she is not in school [because both Wilkes and Clay worked outside the home].

Issue

Did the trial court abuse its discretion in denying Clay's motions to strike the intervention petitions filed by the Jacksons and Dumas?

Did the trial court abuse its discretion in denying Clay's motions to strike the intervention petitions filed by the Jacksons and Dumas?

Rule

Standing in a suit affecting the parent-child relationship is governed by the Texas Family Code, which requires a party to establish standing by a preponderance of the evidence. Specifically, sections 102.003(a)(9) and 102.004 outline the criteria for nonparents seeking to intervene, including the necessity of showing substantial past contact and that the child's circumstances would significantly impair their physical health or emotional development.

Analysis

The court analyzed the evidence presented by the Jacksons and Dumas regarding their relationships with Ann. The Jacksons failed to provide satisfactory proof that Clay's sole managing conservatorship would significantly impair Ann's well-being, while Dumas demonstrated that he had lived with Ann and participated in her care, thus establishing his standing under section 102.003(a)(9). The court emphasized the need for a preponderance of evidence to support claims of significant impairment.

Conclusion

The court granted Clay's mandamus petition in part, concluding that the Jacksons did not have standing to intervene, but Dumas did establish his standing.

We conclude that the evidence as a whole shows by at least a preponderance that Ann's principal residence for the required time period was with Wilkes and Dumas in Dumas's home.

Who won?

Clay prevailed against the Jacksons' intervention petition, as the court found they did not meet the burden of proof required to establish standing. However, the court recognized Dumas's standing to intervene, allowing him to participate in the proceedings regarding Ann's custody.

Clay prevailed against the Jacksons' intervention petition, as the court found they did not meet the burden of proof required to establish standing.

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