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 § 153.431 (2026)

Appointment Of Grandparent, Aunt, Or Uncle As Managing Conservator

✓ current as of May 2026
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Sec. 153.431. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court.

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

Amended by:

Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 2, eff. September 1, 2005.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2025 · leading case: Edward John Murphy & Sytha Kay Murphy v. Daniel Renteria & Amy Lynn Murphy (Tex. App. 2019).
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Edward John Murphy & Sytha Kay Murphy v. Daniel Renteria & Amy Lynn Murphy (Tex. App. 2019). “1 See generally Tex. Fam. Code §§ 153.431–.434 (addressing grandparent suits for possession of or access to grandchildren).”
in the Interest of S. D. A., a Child (Tex. App. 2019). “TEX.FAM.CODE ANN. § 153.431. A nonparent seeking conservatorship of a child must show by a preponderance of the evidence that the nonparent’s appointment as sole managing conservator or joint managing conservator would be in the child’s best interest.”
Sheri Taylor v. Melody Ann Norton (Tex. App. 2025). “017(d) of the Texas Family Code preserve grandparent access rights under Chapter 153 of the Texas Family Code. See TEX. FAM. CODE ANN.”
in the Interest of T. D. J., a Child (Tex. App. 2008). “206(c) of the Texas Family Code governing orders terminating parental rights states that "[n]othing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153.”
in Re Joseph Andre Davis (Tex. App. 2015). “Chapter 153 presumption that a parent acts in the best interest of the parent's child by proving by Tex. Fam. Code § 153.431. a preponderance of the evidence that denial APPOINTMENT OF GRANDPARENT, of possession of or access to the child AUNT, OR UNCLE AS MANAGING would…”
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