Texas Family Code

§ 34.005 — DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT

FA § 34.005Title 2. CHILD IN RELATION TO THE FAMILY · Part A. LIMITATIONS OF MINORITY · Ch. 34. AUTHORIZATION AGREEMENT FOR NONPARENT ADULT CAREGIVER

Statute text

View on source

(a)If both parents did not sign the authorization agreement, not later than the 10th day after the date the authorization agreement is executed the parties shall mail to the parent who was not a party to the authorization agreement at the parent's last known address, if that parent is living and that parent's parental rights have not been terminated:

(1)one copy of the executed authorization agreement by certified mail, return receipt requested, or international registered mail, return receipt requested, as applicable; and

(2)one copy of the executed authorization agreement by first class mail or international first class mail, as applicable. (a-1) Except as otherwise provided by Subsection (a-2), an authorization agreement is void if the parties fail to comply with Subsection (a). (a-2) Subsection (a) does not apply to an authorization agreement if the parent who was not a party to the authorization agreement:

(1)does not have court-ordered possession of or access to the child who is the subject of the authorization agreement; and

(2)has previously committed an act of family violence, as defined by Section 71.004, or assault against the parent who is a party to the authorization agreement, the child who is the subject of the authorization agreement, or another child of the parent who is a party to the authorization agreement, as documented by one or more of the following:

(A)the issuance of a protective order against the parent who was not a party to the authorization agreement as provided under Chapter 85 or under a similar law of another state; or

…

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 897 (S.B. 482), Sec. 4, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 5, eff. September 1, 2017.