IN RE SCHELLER

No. 09-1072.

325 S.W.3d 640 (2010)

In re Richard SCHELLER, Relator.

Supreme Court of Texas.

Rehearing Denied December 10, 2010.


Attorney(s) appearing for the Case

Cecilia M. Wood , Attorney & Counselor at Law, PC, Austin, for Richard Scheller.

JoAl Cannon Sheridan , Kristen A. Algert , Ausley, Algert, Robertson & Flores, LLP, Austin, for William Pemberton.


PER CURIAM.

In this grandparent-access suit, the trial court issued temporary orders that included granting a grandfather temporary access to and possession of his grandchildren. However, the trial court abused its discretion in issuing the order because the grandfather did not establish by a preponderance of the evidence that denial of access to or possession of the grandchildren would significantly impair their physical health or emotional well-being. For the reasons...

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