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Texas Family Code - FAM § 161.304. Orders

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Following a hearing under this subchapter, the court may render an order:

(1) granting the petition;

(2) denying the petition;  or

(3) deferring the decision on the petition and rendering a temporary order expiring after a period of six months during which the department remains the managing conservator of the child and the former parent is the possessory conservator.

(b) If the court defers granting the petition under Subsection (a)(3):

(1) the department shall monitor the possessory conservatorship of the former parent during the period of the temporary order;  and

(2) when the temporary order expires, the court shall hold a hearing to determine whether to grant or deny the petition for reinstatement.

(c) If, following a hearing under this subchapter, the court renders an order for reinstatement of parental rights, the court shall enter the court's findings in a written order stating that all legal rights, powers, privileges, immunities, duties, and obligations of the former parent regarding the child, including with respect to custody, care, control, and support, are reinstated.

(c-1) The clerk of the court shall provide a copy of an order rendered under Subsection (c) to the Title IV-D agency.

(d) If, following a hearing under this subchapter, the court denies a petition for reinstatement of parental rights, the court shall render a written order that includes:

(1) the court's findings and detailing reasons for denial of the petition;  and

(2) a statement prohibiting the filing of a subsequent petition in regard to the former parent's parental rights before the first anniversary of the date the order of denial was issued.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 161.304. Orders - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-161-304/

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