in Re: J. M. G., 553 S.W.3d 137

Paternal grandmother (M.G.) sued for court-ordered possession/access to two grandchildren under Tex. Fam. Code §153.432(c); initial petition lacked the required affidavit.
Relator (J.M.G., the children's mother) filed a plea to the jurisdiction seeking dismissal for lack of the statutory affidavit; grandmother later filed an amended petition with an affidavit.
The affidavit alleged a long-standing close relationship, attendance at events, the children told her they missed her, and they wanted to visit an ailing great-grandmother; it did not allege facts showing actual physical or emotional impairment.
At the de novo hearing Relator argued the affidavit’s allegations, even if true, were legally insufficient to establish standing under §153.432(c); grandmother argued Relator waived that challenge.
The trial court denied the plea to the jurisdiction and proceeded toward a child conference and potential supervised visitation; Relator sought mandamus relief and obtained a stay pending review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether grandmother’s affidavit satisfied §153.432(c) standing requirement (that denial of access would significantly impair the child’s physical health or emotional well-being)	Affidavit alleges close relationship, frequent past contact, children told grandmother they miss her and want visits, and desire to visit ill great-grandmother—these facts support standing	Relator: affidavit contains no factual allegations showing significant impairment of physical health or emotional well-being; thus it fails the statutory threshold	Court held affidavit insufficient as a matter of law; trial court abused discretion by denying plea to the jurisdiction and hearing the merits
Whether Relator waived the sufficiency challenge by not amending her plea	Relator: plea encompassed a claim that the affidavit failed to make the necessary statutory showing; no waiver	Grandmother: Relator failed to amend plea to challenge sufficiency and thus waived the complaint	Court held standing is jurisdictional and cannot be waived; Relator could raise sufficiency at the jurisdictional hearing

Troxel v. Granville, 530 U.S. 57 (2000) (parental right to make child-rearing decisions is a fundamental liberty interest)
In re Derzapf, 219 S.W.3d 327 (Tex. 2007) (grandparent must prove by preponderance that denial of access would significantly impair child’s physical health or emotional well-being)
In re Scheller, 325 S.W.3d 640 (Tex. 2010) (affirming high threshold for showing significant impairment; mere sadness or missing relatives insufficient)
Texas Ass'n of Business v. Texas Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing is a component of subject-matter jurisdiction and cannot be waived)
Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (plea to the jurisdiction challenges the court's subject-matter jurisdiction)