Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild has:
(A) died;
(B) had the person's parental rights terminated; or
(C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and
(2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1390, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.049, 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 H. Rights of Grandparent, Aunt, or Uncle
Section 153.431. Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
Section 153.432. Suit for Possession or Access by Grandparent
Section 153.433. Possession of or Access to Grandchild
Section 153.434. Limitation on Right to Request Possession or Access