"Standing is implicit in the concept of subject-matter jurisdiction, and it is a threshold issue in a child custody proceeding." Rolle v. Hardy, 527 S.W.3d 405, 415 (Tex. App.-Houston [1st Dist.] 2017, no pet.); see In re H.S., 550 S.W.3d 151, 155 (Tex. 2018).

proceeding) (per curiam). See generally Rolle v. Hardy, 527 S.W.3d 405, 419 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (stating appellate court reviews chapter 102 standing of nonparent to seek motion to modify conservatorship for abuse of discretion). And because "an order denying a motion to dismiss for lack of standing in a [SAPCR] is not appealable," there is no adequate remedy at law.

"Standing is implicit in the concept of subject-matter jurisdiction, and it is a threshold issue in a child custody proceeding." Rolle v. Hardy, 527 S.W.3d 405, 415 (Tex. App.-Houston [1st Dist.] 2017, no pet.); see In re H.S., 550 S.W.3d 151, 155 (Tex. 2018). Standing, like other issues implicating a court's subject-matter jurisdiction, is a question of law that we review de novo.

Standing is implicit in the concept of subject-matter jurisdiction, and it is a threshold issue in a child custody proceeding. Rolle v. Hardy, 527 S.W.3d 405, 415 (Tex. App.-Houston [1st Dist.] 2017, no pet.).

This requires allegations of "specific, identifiable behavior or conduct" of the parent that will probably cause significant impairment. Rolle v. Hardy, 527 S.W.3d 405, 420 (Tex. App.-Houston [1st Dist.] 2017, no pet.) (quoting In re L.D.F., 445 S.W.3d 823, 830 (Tex. App.-El Paso 2014, no pet.)).

Interest of K.J., 676 S.W.3d 186, 191 (Tex. App.-Tyler 2023, no pet.) (quoting Rolle v. Hardy, 527 S.W.3d 405, 417 (Tex. App.- Houston [1st Dist.] 2017, no pet.); S.M.D., 329 S.W.3d at 13. To establish significant impairment, the nonparent must present evidence of the parent's specific actions or omissions that demonstrate an award of custody to the parent would result in the child's physical or emotional harm.

Standing is determined at the time suit is filed. Tex. Ass'n of Bus., 852 S.W.2d at 446 n.9; Rolle v. Hardy, 527 S.W.3d 405, 417 (Tex. App.-Houston [1st Dist.] 2017, no pet.). We review de novo the jurisdictional issue of whether a party has standing to sue.

Such identifiable behavior or conduct may include "[p]hysical abuse, severe neglect, abandonment, drug or alcohol abuse, or immoral behavior on the part of the parent." Rolle v. Hardy , 527 S.W.3d 405, 420 (Tex. App.—Houston [1st Dist.] 2017, no pet.). "A nonparent cannot meet his burden by evidence showing that he would be a better custodian of the child[ ], that he has a strong and on-going relationship with the child[ ], or that the parent would not have been a proper custodian in the past."

Therefore, to meet their burden and overcome this presumption, the grandparents must prove, at a minimum, that their grandchildren's physical health or emotional well-being has been, and will continue to be, significantly impaired by the denial of their request for possession of or access to their grandchildren. SeeInterest of N.H. , 652 S.W.3d 488, 497 (Tex. App.—Houston [14th Dist.] 2022, pet. filed) ; Rolle v. Hardy , 527 S.W.3d 405, 420 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (holding that to meet this standard the grandparents must present evidence of specific, identifiable behavior or conduct by the parent that shows that the child's physical health or emotional well-being has been, and will be, significantly impaired by the denial of their request for possession or access) (citing In re L.D.F. , 445 S.W.3d 823, 830 (Tex. App.—El Paso 2014, no pet.) ); In re J.M.T. , 280 S.W.3d 490, 493 (Tex. App.—Eastland 2009, no pet.).

(referring to Tex. Fam. Code Ann. §§ 153.432,153.433). To overcome the fit-parent presumption and establish standing, a nonparent must present evidence of "specific, identifiable behavior or conduct" that will probably result in significant impairment to the child's physical health or emotional well-being. Rolle v. Hardy, 527 S.W.3d 405, 420 (Tex. App.-Houston [1st Dist.] 2017, no pet.) (quoting In re L.D.F., 445 S.W.3d 823, 830 (Tex. App.-El Paso 2014, no pet.)).