Sec. 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, a licensed child-placing agency, or the Department of Family and Protective Services 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, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.046, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 153 - Conservatorship, Possession, and Access
Subchapter G. Appointment of Nonparent as Conservator
Section 153.371. Rights and Duties of Nonparent Appointed as Sole Managing Conservator
Section 153.372. Nonparent Appointed as Joint Managing Conservator
Section 153.3721. Access to Certain Records by Nonparent Joint Managing Conservator
Section 153.373. Voluntary Surrender of Possession Rebuts Parental Presumption
Section 153.374. Designation of Managing Conservator in Affidavit of Relinquishment
Section 153.375. Annual Report by Nonparent Managing Conservator
Section 153.376. Rights and Duties of Nonparent Possessory Conservator