Tex. Fam. Code § 153.002 · Subchapter A. GENERAL PROVISIONS
BEST INTEREST OF CHILD; REBUTTABLE PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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).
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Text hash
- sha256 fea6b957d73dddd12461ec1616a54818d4c039976acee961a4ddb35b304ac41e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Fam. Code § 153.002. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.