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Texas Family Code - Section 153.373. Voluntary Surrender Of Possession Rebuts Parental Presumption

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 153.373. Voluntary Surrender Of Possession Rebuts Parental Presumption

§ 153.373. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, licensed child-placing agency, or authorized agency for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and (2) the appointment of the nonparent or agency as managing conservator is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

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Last modified: August 10, 2007