Tex. Fam. Code § 153.434

LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS

Applied in 5 court decisions — leading case in the Interest of H.G., K.G., J.G. and T.G., Children (2008)

Most recently applied in Arthur & Enedilia Martinez v. Gloria Estrada (December 2012)

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

How often courts cite this section

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.

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.

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