Tex. Fam. Code Section 161.104
Rights of Designated Managing Conservator Pending Court Appointment

A person, licensed child-placing agency, or the Department of Family and Protective Services designated managing conservator of a child in an irrevocable or unrevoked affidavit of relinquishment has a right to possession of the child superior to the right of the person executing the affidavit, the right to consent to medical, surgical, dental, and psychological treatment of the child, and the rights and duties given by Chapter 153 (Conservatorship, Possession, and Access) to a possessory conservator until such time as these rights and duties are modified or terminated by court order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 70, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.083, eff. April 2, 2015.

Source: Section 161.104 — Rights of Designated Managing Conservator Pending Court Appointment, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­104 (accessed May 26, 2025).

161.001
Involuntary Termination of Parent-child Relationship 161.002
Termination of the Rights of an Alleged Biological Father 161.003
Involuntary Termination: Inability to Care for Child 161.004
Termination of Parental Rights After Denial of Prior Petition to Terminate 161.005
Termination When Parent Is Petitioner 161.006
Termination After Abortion 161.007
Termination When Pregnancy Results from Criminal Act 161.101
Petition Allegations 161.102
Filing Suit for Termination Before Birth 161.103
Affidavit of Voluntary Relinquishment of Parental Rights 161.104
Rights of Designated Managing Conservator Pending Court Appointment 161.106
Affidavit of Waiver of Interest in Child 161.107
Missing Parent or Relative 161.108
Release of Child from Hospital or Birthing Center 161.109
Requirement of Paternity Registry Certificate 161.202
Preferential Setting 161.203
Dismissal of Petition 161.204
Termination Based on Affidavit of Waiver of Interest 161.205
Order Denying Termination 161.206
Order Terminating Parental Rights 161.207
Appointment of Managing Conservator on Termination 161.208
Appointment of Department of Family and Protective Services as Managing Conservator 161.209
Copy of Order of Termination 161.210
Sealing of File 161.211
Direct or Collateral Attack on Termination Order 161.301
Definitions 161.302
Petition 161.303
Hearing 161.304
Orders 161.1031
Medical History Report 161.1035
Revocability of Certain Affidavits 161.2011
Continuance 161.2021
Medical History Report 161.2061
Terms Regarding Limited Post-termination Contact 161.2062
Provision for Limited Contact Between Biological Parent and Child 161.2081
Notice of Termination for Certain Relatives
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Verified:
May 26, 2025

§ 161.104. Rights of Designated Managing Conservator Pending Court Appointment's source at texas​.gov