Tex. Codes » 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
Texas Codes

Tex. Fam. Code § 153.373 (2026)

Voluntary Surrender Of Possession Rebuts Parental Presumption

✓ current as of May 2026
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Sec. 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.

Notes of Decisions
Cited in 28 cases (6 in the last 5 years), 1998–2023 · leading case: in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014).
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in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014). · cites it 2× “” Tex. Fam.Code § 153.373. 11 . As will be discussed, the concept of voluntary relinquishment comes into play in this case in several ways.”
In Re Karen Nicole CRUMBLEY, 404 S.W.3d 156 (Tex. App. 2013). · cites it 3× “Tex. Fam.Code Ann. § 153.373 (West 2008).”
In the Interest of T.J.S., 71 S.W.3d 452 (Tex. App. 2002). · cites it 3× “Instead, he claims that he must also be appointed a joint managing conservator along -with the Bentons because (1) the court had no discretion to make Sherrill a possessory conservator without a finding pursuant to Texas Family Code section 153.373; and (2) the evidence is…”
In the Interest of V.L.K., 24 S.W.3d 338 (Tex. 2000). “Tex. Fam. Code § 153.373. A court’s primary consideration in any conservatorship case “shall always be the best interest of the child.”
In the Interest of N.J.G., 980 S.W.2d 764 (Tex. App. 1998). “Tex Fam.Code Ann. § 153.373 (Vernon 1996) (section 153.”
In the Interest of C.R.T., S.J.T., & D.C.T., Minor Child., 61 S.W.3d 62 (Tex. App. 2001). “Tex. Fam.Code Ann. § 153.373(1) & (2); In re V.”
In the Interest of D.R.S., 138 S.W.3d 467 (Tex. App. 2004). “See Tex Fam.Code Ann. § 153.373 (Vernon 2002).”
In Re Vlk, 24 S.W.3d 338 (Tex. 2000). “Tex. Fam. Code § 153.373. A court's primary consideration in any conservatorship case "shall always be the best interest of the child.”
In Re Tjs, 71 S.W.3d 452 (Tex. App. 2002). · cites it 3× “Instead, he claims that he must also be appointed a joint managing conservator along with the Bentons because (1) the court had no discretion to make Sherrill a possessory conservator without a finding pursuant to Texas Family Code section 153.373; and (2) the evidence is…”
in the Interest of L.D.J. III, A.Y.J., W.F.J., & C.J., Child. (Tex. App. 2015). · cites it 6× “373………………………………………18, 19, 27 4 RECORD REFERENCES CR_ Clerk’s Record 1 RR_ Volume one of Recorder’s Record 2 RR_ Volume two of Recorder’s Record 3 RR_ Volume three of Recorder’s Record Ex. P-_ Petitioner/Appellant’s exhibit to the Recorder’s Record Ex.”
in the Interest of J.M.W. (Tex. App. 2010). · cites it 3× “Tex. Fam. Code Ann. § 153.373 . Senegal testified that J.”
In Re Drs, 138 S.W.3d 467 (Tex. App. 2004). “[8] See Tex. Fam.Code Ann. § 153.373 (Vernon 2002).”
Show all 28 citing cases →
— Tex. Fam. Code § 153.373(1) — 4 cases
In Re Karen Nicole CRUMBLEY, 404 S.W.3d 156 (Tex. App. 2013). “Tex. Fam.Code Ann. § 153.373 (West 2008).”
In the Interest of C.R.T., S.J.T., & D.C.T., Minor Child., 61 S.W.3d 62 (Tex. App. 2001). “Tex. Fam.Code Ann. § 153.373(1) & (2); In re V.”
In Re Crt, 61 S.W.3d 62 (Tex. App. 2001).
In Re C.M.B.H., a Child v. the State of Texas (Tex. App. 2023).
— Tex. Fam. Code § 153.373(2) — 1 case
in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014). “” Tex. Fam.Code § 153.373. 11 . As will be discussed, the concept of voluntary relinquishment comes into play in this case in several ways.”
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