Lindsay Tope and Milton D. Tope appeal the trial courts granting of Brazoria County Children Protective Services (CPS) motion to dismiss their petition for adoption based on lack of standing. The Topes are the maternal grandparents of the children they are seeking to adopt. When Melissa Cole, Lindsay Topes daughter, and her husband had their parental rights terminated on or about November 29, 2004, the children were placed with their paternal aunt. On January 27, 2005, the Topes filed a petition to adopt their grandchildren. On February 17, 2005, CPS filed a "motion to dismiss" alleging the Topes lack standing to file an original petition for adoption. Seven days later, on February 24, 2005, the trial court held a hearing on CPS motion and dismissed the petition.