| Texas Laws Concerning Children & Grandparents |
§ 153.005. APPOINTMENT OF SOLE OR JOINT MANAGING
CONSERVATOR. (a) In a suit, the court may appoint a sole managing conservator or may appoint joint managing
conservators. If the parents are or will be separated, the court shall appoint at least one managing conservator.
(b) A managing conservator must be a parent, a competent
adult, an authorized agency, or a licensed child-placing agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR.
(a) If a managing conservator is appointed, the court may appoint one or more possessory conservators.
(b) The court shall specify the rights and duties of a person appointed possessory conservator.
(c) The court shall specify and expressly state in the order the times and conditions for possession of or access to
the child, unless a party shows good cause why specific orders would not be in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
CONSERVATOR. (a) In a suit, the court may appoint a sole managing conservator or may appoint joint managing
conservators. If the parents are or will be separated, the court shall appoint at least one managing conservator.
(b) A managing conservator must be a parent, a competent
adult, an authorized agency, or a licensed child-placing agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR.
(a) If a managing conservator is appointed, the court may appoint one or more possessory conservators.
(b) The court shall specify the rights and duties of a person appointed possessory conservator.
(c) The court shall specify and expressly state in the order the times and conditions for possession of or access to
the child, unless a party shows good cause why specific orders would not be in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
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§ 153.431. GRANDPARENTAL APPOINTMENT AS MANAGING CONSERVATORS.
If the parents are deceased, the grandparents may be considered for appointment as managing conservators,
but consideration does not alter or diminish the discretionary power of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
If the parents are deceased, the grandparents may be considered for appointment as managing conservators,
but consideration does not alter or diminish the discretionary power of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.432. SUIT FOR ACCESS.
(a) A biological or
adoptive grandparent may request access to a grandchild by filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter 156.
(b) A grandparent may request access to a grandchild in a suit filed for the sole purpose of requesting the relief,
without regard to whether the appointment of a managing conservator is an issue in the suit.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD.
The court shall order reasonable access to a grandchild by a grandparent if:
(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that
parent's parental rights terminated; and
(2) access is in the best interest of the child, and at least one of the following facts is present:
(A) the grandparent requesting access to the child is a parent of a parent of the child and that parent of the child
has been incarcerated in jail or prison during the three-month period preceding the filing of the petition or has
been found by a court to be incompetent or is dead;
(B) the parents of the child are divorced or have been living apart for the three-month period preceding the filing of
the petition or a suit for the dissolution of the parents' marriage is pending;
(C) the child has been abused or neglected by a parent of the child;
(D) the child has been adjudicated to be a child in need of supervision or a delinquent child under Title 3;
(E) the grandparent requesting access to the child is the parent of a person whose parent-child relationship with
the child has been terminated by court order; or
(F) the child has resided with the grandparent requesting access to the child for at least six months within the
24-month period preceding the filing of the petition.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1397, § 1, eff. Sept. 1,
1997.
§ 153.434. LIMITATION On RIGHT TO REQUEST ACCESS.
A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild has:
(A) died;
(B) had the person's parental rights terminated; or
(C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under
Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other
than the child's stepparent as the managing conservator of the child; and
(2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the
child's stepparent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1390, § 13, eff. Sept. 1, 1999.
(a) A biological or
adoptive grandparent may request access to a grandchild by filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter 156.
(b) A grandparent may request access to a grandchild in a suit filed for the sole purpose of requesting the relief,
without regard to whether the appointment of a managing conservator is an issue in the suit.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD.
The court shall order reasonable access to a grandchild by a grandparent if:
(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that
parent's parental rights terminated; and
(2) access is in the best interest of the child, and at least one of the following facts is present:
(A) the grandparent requesting access to the child is a parent of a parent of the child and that parent of the child
has been incarcerated in jail or prison during the three-month period preceding the filing of the petition or has
been found by a court to be incompetent or is dead;
(B) the parents of the child are divorced or have been living apart for the three-month period preceding the filing of
the petition or a suit for the dissolution of the parents' marriage is pending;
(C) the child has been abused or neglected by a parent of the child;
(D) the child has been adjudicated to be a child in need of supervision or a delinquent child under Title 3;
(E) the grandparent requesting access to the child is the parent of a person whose parent-child relationship with
the child has been terminated by court order; or
(F) the child has resided with the grandparent requesting access to the child for at least six months within the
24-month period preceding the filing of the petition.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1397, § 1, eff. Sept. 1,
1997.
§ 153.434. LIMITATION On RIGHT TO REQUEST ACCESS.
A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild has:
(A) died;
(B) had the person's parental rights terminated; or
(C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under
Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other
than the child's stepparent as the managing conservator of the child; and
(2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the
child's stepparent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1390, § 13, eff. Sept. 1, 1999.