Tex. Fam. Code § 153.433 : FAMILY CODE — THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP — SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP — CONSERVATORSHIP, POSSESSION, AND ACCESS — RIGHTS OF GRANDPARENT, AUNT, OR UNCLE — Possession of or Access to Grandchild
(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;
(C) is dead; or
(D) does not have actual or court-ordered possession of or access to the child.
(b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that:
(1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated;
(2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the 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.
Tex. Fam. Code § 153.433
Amended By Acts 2009, 81st Leg., R.S., Ch. 1113, Sec. 12, eff. 9/1/2009.
Amended By Acts 2005, 79th Leg., Ch. 484, Sec. 4, eff. 9/1/2005.
Amended by Acts 1997, 75th Leg., ch. 1397, Sec. 1, eff. 9/1/1997.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. 4/20/1995.