TITLE: Relating to the limitation on the right of a child's grandparent to request possession of or access to the child.

SUMMARY: Relating to the limitation on the right of a child's grandparent to request possession of or access to the child.

FULL TEXT:
AN ACT relating to the limitation on the right of a child's grandparent to request possession of or access to the child. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 153.434, Family Code, is amended to read as follows: Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (A) died; (B) had the person's parental rights terminated; or (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than:(A) the child's stepparent;or (B) a relative of the grandparent related within the third degree by consanguinity.SECTION 2. The change in law made by this Act applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2017.