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 § 153.374 (2026)

Designation Of Managing Conservator In Affidavit Of Relinquishment

✓ current as of May 2026
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Sec. 153.374. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161.

(b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 38, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.047, eff. April 2, 2015.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2002–2021 · leading case: Dep't of Fam. & Prot. Servs. v. Alternatives in Motion, 210 S.W.3d 794 (Tex. App. 2007).
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Dep't of Fam. & Prot. Servs. v. Alternatives in Motion, 210 S.W.3d 794 (Tex. App. 2007). · cites it 6× “See Tex. Fam.Code Ann. § 153.374 (Vernon 2002), § 161.”
Monroe v. Alternatives in Motion, 234 S.W.3d 56 (Tex. App. 2007). “See Tex. Fam. Code Ann. § 153.374 (b) (“The person or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child.”
In the Interest of D.R.L.M., 84 S.W.3d 281 (Tex. App. 2002). “…of relinquishment unless the court finds that the appointment would not be in the best interest of the child. Tex. Fam.Code Ann. § 153.374(b).”
In the Interest of K.L., 442 S.W.3d 396 (Tex. App. 2012). “Tex. Fam. Code Ann. § 153.374 (West 2008).”
in Re Dep't of Fam. & Prot. Servs. (Tex. App. 2006). · cites it 6× “See Tex. Fam. Code Ann. § 153.374 (Vernon 2002), § 161.”
in the Interest of M. F. R. G., a Child (Tex. App. 2021). · cites it 3× “” TEX. FAM. CODE ANN. § 153.374. To exercise that right, however, the parent must execute an affidavit of relinquishment in accordance with chapter 161 of the family code.”
In Re Drlm, 84 S.W.3d 281 (Tex. App. 2002). “…of relinquishment unless the court finds that the appointment would not be in the best interest of the child. Tex. Fam.Code Ann. § 153.374(b).”
in the Guardianship of Lonnie Phillips, Jr., an Incapacitated Person (Tex. App. 2015). “father, filed suit, pursuant to a Washington statute, to obtain SeeTex. Fam.Code Ann. § 153.374(b). In addition, Texas increased court ordered visitation with their grandchildren.”
— Tex. Fam. Code § 153.374(a) — 1 case
Dep't of Fam. & Prot. Servs. v. Alternatives in Motion, 210 S.W.3d 794 (Tex. App. 2007). “See Tex. Fam.Code Ann. § 153.374 (Vernon 2002), § 161.”
— Tex. Fam. Code § 153.374(b) — 4 cases
Dep't of Fam. & Prot. Servs. v. Alternatives in Motion, 210 S.W.3d 794 (Tex. App. 2007). “See Tex. Fam.Code Ann. § 153.374 (Vernon 2002), § 161.”
In the Interest of D.R.L.M., 84 S.W.3d 281 (Tex. App. 2002). “…of relinquishment unless the court finds that the appointment would not be in the best interest of the child. Tex. Fam.Code Ann. § 153.374(b).”
In Re Drlm, 84 S.W.3d 281 (Tex. App. 2002). “…of relinquishment unless the court finds that the appointment would not be in the best interest of the child. Tex. Fam.Code Ann. § 153.374(b).”
in the Guardianship of Lonnie Phillips, Jr., an Incapacitated Person (Tex. App. 2015). “father, filed suit, pursuant to a Washington statute, to obtain SeeTex. Fam.Code Ann. § 153.374(b). In addition, Texas increased court ordered visitation with their grandchildren.”
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