| Texas Family Code 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. |
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| § 153.431. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that 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. Amended by Acts 2005, 79th Leg., ch. 484, § 2, eff. Sept. 1, 2005. |
| § 153.432. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. (a) A biological or adoptive grandparent may request possession of or 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 possession of or 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. Amended by Acts 2005, 79th Leg., ch. 484, § 3, eff. Sept. 1, 2005. § 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD. The court shall order reasonable possession of or 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; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (C) is dead; or (D) does not have actual or court-ordered possession of or access to the child 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; Acts 2005, 79th Leg., ch. 484, § 4, eff. Sept. 1, 2005. § 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR 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; Acts 2005, 79th Leg., ch. 484, § 5, eff. Sept. 1, 2005. |
Texas Family Code (Law) http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000153.00.htm#153.431.00The above information can be found at the above link under the chapter numbers that are shown On this page. |
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