Tex. Fam. Code Section 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.

Source: Section 153.373 — Voluntary Surrender of Possession Rebuts Parental Presumption, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­153.­htm#153.­373 (accessed Jun. 5, 2024).

153.001
Public Policy 153.002
Best Interest of Child 153.003
No Discrimination Based on Sex or Marital Status 153.004
History of Domestic Violence or Sexual Abuse 153.005
Appointment of Sole or Joint Managing Conservator 153.006
Appointment of Possessory Conservator 153.007
Agreed Parenting Plan 153.009
Interview of Child in Chambers 153.010
Order for Family Counseling 153.011
Security Bond 153.012
Right to Privacy 153.013
False Report of Child Abuse 153.014
Visitation Centers and Visitation Exchange Facilities 153.015
Electronic Communication with Child by Conservator 153.0071
Alternate Dispute Resolution Procedures 153.071
Court to Specify Rights and Duties of Parent Appointed a Conservator 153.072
Written Finding Required to Limit Parental Rights and Duties 153.073
Rights of Parent at All Times 153.074
Rights and Duties During Period of Possession 153.075
Duties of Parent Not Appointed Conservator 153.076
Duty to Provide Information 153.131
Presumption that Parent to Be Appointed Managing Conservator 153.132
Rights and Duties of Parent Appointed Sole Managing Conservator 153.133
Parenting Plan for Joint Managing Conservatorship 153.134
Court-ordered Joint Conservatorship 153.135
Equal Possession Not Required 153.138
Child Support Order Affecting Joint Conservators 153.191
Presumption that Parent to Be Appointed Possessory Conservator 153.192
Rights and Duties of Parent Appointed Possessory Conservator 153.193
Minimal Restriction on Parent’s Possession or Access 153.251
Policy and General Application of Guidelines 153.252
Rebuttable Presumption 153.253
Standard Possession Order Inappropriate or Unworkable 153.254
Child Less than Three Years of Age 153.255
Agreement 153.256
Factors for Court to Consider 153.257
Means of Travel 153.258
Request for Findings When Order Varies from Standard Order 153.311
Mutual Agreement or Specified Terms for Possession 153.314
Holiday Possession Unaffected by Distance Parents Reside Apart 153.315
Weekend Possession Extended by Holiday 153.316
General Terms and Conditions 153.317
Alternative Beginning and Ending Possession Times 153.371
Rights and Duties of Nonparent Appointed as Sole Managing Conservator 153.372
Nonparent Appointed as Joint Managing Conservator 153.373
Voluntary Surrender of Possession Rebuts Parental Presumption 153.374
Designation of Managing Conservator in Affidavit of Relinquishment 153.375
Annual Report by Nonparent Managing Conservator 153.376
Rights and Duties of Nonparent Possessory Conservator 153.377
Access to Child’s Records 153.431
Appointment of Grandparent, Aunt, or Uncle as Managing Conservator 153.432
Suit for Possession or Access by Grandparent 153.433
Possession of or Access to Grandchild 153.434
Limitation on Right to Request Possession or Access 153.501
Necessity of Measures to Prevent International Parental Child Abduction 153.502
Abduction Risk Factors 153.503
Abduction Prevention Measures 153.551
Suit for Access 153.601
Definitions 153.602
Parenting Plan Not Required in Temporary Order 153.603
Requirement of Parenting Plan in Final Order 153.605
Appointment of Parenting Coordinator 153.606
Duties of Parenting Coordinator 153.607
Presumption of Good Faith 153.608
Report of Parenting Coordinator 153.609
Compensation of Parenting Coordinator 153.610
Qualifications of Parenting Coordinator 153.611
Exception for Certain Title Iv-d Proceedings 153.701
Definitions 153.702
Temporary Orders 153.703
Appointing Designated Person for Conservator with Exclusive Right to Designate Primary Residence of Child 153.704
Appointing Designated Person to Exercise Visitation for Conservator with Exclusive Right to Designate Primary Residence of Child in Certain Circumstances 153.705
Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of Child 153.707
Expedited Hearing 153.708
Enforcement 153.709
Additional Periods of Possession or Access 153.00715
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate 153.3721
Access to Certain Records by Nonparent Joint Managing Conservator 153.6031
Exception to Dispute Resolution Process Requirement 153.6051
Appointment of Parenting Facilitator 153.6061
Duties of Parenting Facilitator 153.6071
Presumption of Good Faith 153.6081
Report of Parenting Facilitator 153.6082
Report of Joint Proposal or Statement of Intent 153.6083
Communications and Recordkeeping of Parenting Facilitator 153.6091
Compensation of Parenting Facilitator 153.6101
Qualifications of Parenting Facilitator 153.6102
Parenting Facilitator
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 153.373’s source at texas​.gov