Texas Family Code - Section 102.004. Standing For Grandparent Or Other Person
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Texas Laws > Family Code > Texas Family Code - Section 102.004. Standing For Grandparent Or Other Person
Section: 101.033 101.034 101.035 102.001 102.002 102.003 102.0035 102.004 102.0045 102.005 102.006 102.007 102.008 102.0086 102.009
§ 102.004. STANDING FOR GRANDPARENT OR OTHER PERSON. (a)
In addition to the general standing to file suit provided by Section
102.003, a grandparent may file an original suit requesting
managing conservatorship if there is satisfactory proof to the
(1) the order requested is necessary because the
child's present circumstances would significantly impair the
child's physical health or emotional development; or
(2) both parents, the surviving parent, or the
managing conservator or custodian either filed the petition or
consented to the suit.
(b) An original suit requesting possessory conservatorship
may not be filed by a grandparent or other person. However, the
court may grant a grandparent or other person deemed by the court to
have had substantial past contact with the child leave to intervene
in a pending suit filed by a person authorized to do so under this
subchapter if there is satisfactory proof to the court that
appointment of a parent as a sole managing conservator or both
parents as joint managing conservators would significantly impair
the child's physical health or emotional development.
(c) Possession of or access to a child by a grandparent is
governed by the standards established by Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1048, § 2, eff. June 18,
1999; Acts 2005, 79th Leg., ch. 916, § 3, eff. June 18, 2005.
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Last modified: August 11, 2007