In the Interest of D.W.J.B., a Child, 362 S.W.3d 777

Maternal grandmother sought suit affecting the parent-child relationship to challenge the child’s conservatorship under an agreed parenting plan.
In July 2011 the trial court entered an order modifying the parents’ conservatorship consistent with the agreement.
The grandmother was present at hearings but did not participate to object to the outcome.
She filed a separate suit on July 8, 2011 seeking relief and potential restrictions, later consolidated with the ongoing case.
She submitted an affidavit under Texas Family Code §156.102 asserting endangerment to the child; the court dismissed the action.
The grandmother appealed contending the trial court erred in denying her the opportunity to present evidence before dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court properly deny a §156.102 hearing based on affidavit sufficiency?	Grandmother contends affidavit supports hearing.	Spencer argues affidavit lacks sufficiency and personal knowledge.	No; court did not abuse discretion; affidavit failed to show endangerment or personal knowledge.

Burkhart v. Burkhart, 960 S.W.2d 321 (Tex.App.-Houston [1st Dist.] 1997) (stability policy; heightened pleading standard for post-order custody matters)
Graves v. Graves, 916 S.W.2d 65 (Tex.App.-Houston [1st Dist.] 1996) (initial determination whether facts justify a hearing under §156.102)
Marks v. St. Luke’s Episcopal Hosp., 319 S.W.3d 658 (Tex. 2010) (affidavits must be based on personal knowledge)
Kerlin v. Arias, 274 S.W.3d 666 (Tex. 2008) (per curiam; personal knowledge requirement)