Texas Family Code - Section 153.433. Possession Of Or Access To Grandchild
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§ 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. The
court shall 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
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1397, § 1, eff. Sept. 1,
1997; Acts 2005, 79th Leg., ch. 484, § 4, eff. Sept. 1, 2005.
Section: 153.373 153.374 153.375 153.376 153.377 153.431 153.432 153.433 153.434 153.501 153.502 153.503 153.551 153.552 153.601
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Last modified: August 10, 2007
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