| 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.
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.
| All Information provided is for information purposes only. I am not an attorney nor pretend to be. All information can be found online and links are provided for you at the bottom of the page. |
§ 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.
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.
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.
|
|
[ Previous 5 Sites | Skip Previous | Previous | Next | Join ]
This RingSurf Net Ring is owned by
[
Skip Next
|
Next 5 Sites
|
Random Site
|
List Sites
] |
