Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Family Code § 153.002: BEST INTEREST OF CHILD; REBUTTABLE PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT.

(a) The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
(b) In a suit between a parent and a nonparent, it is a rebuttable presumption that:
(1) a parent acts in the best interest of the parent's child; and
(2) it is in the best interest of a child to be in the care, custody, and control of a parent.
(c) In a suit between a parent and a nonparent, the nonparent may overcome the presumption under Subsection (b) by proving by clear and convincing evidence that denial of the relief requested by the nonparent would significantly impair the child's physical health or emotional development. If the court renders an order in the suit granting relief to the nonparent, the court shall state in the order:
(1) the specific facts that support the court's finding that denying the relief requested by the nonparent would significantly impair the child's physical health or emotional development; and
(2) the extent to which the nonparent has overcome the presumption under Subsection (b).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 236 (S.B. 2052), Sec. 2, eff. September 1, 2025.

Where this section sits in the code

FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
SUBCHAPTER A. GENERAL PROVISIONS

(a) The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

(b) In a suit between a parent and a nonparent, it is a rebuttable presumption that:

(1) a parent acts in the best interest of the parent's child; and

(2) it is in the best interest of a child to be in the care, custody, and control of a parent.

(c) In a suit between a parent and a nonparent, the nonparent may overcome the presumption under Subsection (b) by proving by clear and convincing evidence that denial of the relief requested by the nonparent would significantly impair the child's physical health or emotional development. If the court renders an order in the suit granting relief to the nonparent, the court shall state in the order:

(1) the specific facts that support the court's finding that denying the relief requested by the nonparent would significantly impair the child's physical health or emotional development; and

(2) the extent to which the nonparent has overcome the presumption under Subsection (b).

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

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 236 (S.B. 2052), Sec. 2, eff. September 1, 2025.

Collected 2026-08-27T01:47:10Z. Source file · JSON

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