Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Petition for Writ of Mandamus.
Chief Justice Contreras and Justices Benavides and Hinojosa
LETICIA HINOJOSA JUSTICE. 
this original proceeding, relator Yasemin Turan seeks to
compel the trial court to vacate its temporary orders
allowing paternal grandparents, Norma Sonia Castaneda (Sonia)
and Robert Castaneda,  access and visitation to relator's
minor child, H.F.C. See Tex. Fam. Code Ann. §
153.433. By memorandum opinion issued on May 16, 2019, this
Court denied relator's petition for writ of mandamus.
See In re Turan, No. 13-19-00124-CV, 2019 WL
2167373, at *1 (Tex. App.-Corpus Christi-Edinburg May 16,
2019, orig. proceeding) (mem. op.). Relator has now filed a
motion for reconsideration and motion to supplement the
record. We grant the motion for reconsideration and to
supplement the record, withdraw our previous memorandum
opinion, and issue this memorandum opinion in its stead.
After full consideration of the merits, we conditionally
grant mandamus relief.
and Robert filed an original petition seeking possession or
access to minor child H.F.C. under § 153.432 of the
Texas Family Code. See Tex. Fam. Code Ann. §
153.432. Their "First Amended Petition for Grandparent
Possession or Access" states that they are the parents
of decedent Roberto Jaime Castaneda, a parent of the child,
and that they "have had a relationship with the child
since prior to the death of Roberto Jaime Castaneda."
The petition asserts that it is in H.F.C.'s best
interests that Sonia and Robert be granted possession or
access; that at least one of H.F.C.'s parents had not had
that parent's rights terminated; and that denial of
possession or access would significantly impair H.F.C.'s
physical health or emotional well-being. The petition is
supported by affidavits from Sonia and Robert, which are
identical in substance, detailing their long-standing
relationship with H.F.C. Sonia's affidavit states:
Robert Castaneda and I are the parents of [Roberto Jaime]
Castaneda, deceased. [Roberto Jaime] Castaneda was the father
of H.F.C. [Roberto Jaime] Castaneda [passed] away on June 15,
2013. Since that date, we have managed to stay close to our
granddaughter, [H.F.C.]. We have a very close relationship
with her. My husband and I were in the delivery room when she
was born. We used to see [her] approximately four (4) times a
week, lately we have only been allowed to see [her] twice a
week when [we] take her to church. Prior to June 2018, we
would always be together and spent many hours together.
My late son also had another child, [B.J.C.], who [H.F.C.] is
very close to and loves to be with when she visits our home.
They both know they are brother and sister and are very
close. My husband and I are asking the court to enter an
[o]rder allowing us possession and access to our
granddaughter, [H.F.C.] to ensure that she continues to have
a relationship with her brother and us.
As I stated, lately her mother has denied us access
to [H.F.C.] and we have not been able to see her as we [used]
to. We are asking that the court enter a Standard Possession
Order allowing us possession and access of [H.F.C.]. Our
granddaughter will be emotionally and mentally affected if
possession continues to be denied.
I am herewith attaching copies of photographs that depict our
close relationship with [H.F.C.].
trial court held an evidentiary hearing at which relator,
Sonia, and Robert testified. According to the testimony
adduced at the hearing, relator met H.F.C.'s father when
she was eighteen or nineteen years old and she became
pregnant with H.F.C. Relator and H.F.C.'s father broke up
shortly after H.F.C.'s birth when relator was
approximately twenty years old. H.F.C.'s father had
another child with a different woman at approximately the
same time, so H.F.C. has a half-brother that she sees when
she visits Sonia and Robert.
H.F.C.'s birth, relator lived with her parents and they
assisted her with H.F.C. Relator had a good relationship with
Sonia and Robert, and they saw H.F.C. frequently. In fact,
Sonia obtained a job for relator at her place of employment
and they worked together for numerous years. In general,
Sonia and Robert typically saw H.F.C. three to four times per
week and she spent the night with them every other weekend.
during the year prior to the hearing, the relationship
between relator and Sonia and Robert began to deteriorate.
Relator had obtained a college degree, started a new job at a
different place of employment, and became engaged to be
married. Based upon testimony at the hearing, it is apparent
that relator and Sonia had a disagreement in May of that year
regarding who had the right to make decisions for H.F.C., or
what was best for H.F.C. with regard to such issues as her
participation in gymnastics, a summer program at the Boys and
Girls Club, or the appropriate amount of time for H.F.C. to
spend with her grandparents. After that dispute, relator
began reducing the time that Sonia and Robert spent with
H.F.C. until at the time of the hearing, they were only
taking her to and from church twice each week.
testified that she wanted Sonia and Robert to be part of
H.F.C.'s life and that H.F.C. loved them. She stated that
she allowed H.F.C. to have substantial contact with her
grandparents because she thought that it was important and
"healthy" for her to have a relationship with them.
Relator testified that she was acting in her daughter's
best interest in allowing her to see her grandparents. She
testified that she never denied Sonia and Robert access to
H.F.C. She acknowledged, however, that she did not want