In the Interest of B.N.S. was a case out of Dallas where the father appealed from an order granting possession and access of his three children to their grandparents. The mom and dad divorced in 2004 and were named joint managing conservators of their 3 children. The mom began abusing drugs and Dad filed a motion to modify.
The maternal grandparents intervened and sought access. The trial court entered temporary orders giving mom supervised access but she failed to exercise it. After trial the court appointed Dad as sole managing conservator, mom had supervised periods of possession and awarded the grandparents visitation.
The dad appealed. The court of appeals reversed and rendered judgment denying access to the grandparents finding that because the mom had court ordered possession, even though she was not exercising it, the grandparents could not meet the requirements of the Family Code.