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Tex. Fam. Code § 153.373

VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION

Applied in 14 court decisions — leading case In the Interest of V.L.K. (2000)

Most recently applied in in the Interest of S.A.H, a Minor Child (January 2014)

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff

How often courts cite this section

199620002010201440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.