Texas Family Code

§ 153.433 — POSSESSION OF OR ACCESS TO GRANDCHILD

FA § 153.433Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 153. CONSERVATORSHIP, POSSESSION, AND ACCESS · Art. H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE

Statute text

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(a)The court may 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;

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Legislative history

Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 4, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 12, eff. September 1, 2009.