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Legal Statutes: Texas

UPDATED July 20, 2016

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Subchapter H. Rights of Grandparent, Aunt, or Uncle

back to top§ 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, § 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 561, § 4, eff. Sept. 1, 1997;Acts 1999, 76th Leg., ch. 1390, § 13, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 484, § 5, eff. Sept. 1, 2005; Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 1.049, eff. April 2, 2015.