# Tex. Family Code § 153.002: BEST INTEREST OF CHILD; REBUTTABLE PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.002

## Section

- **Citation:** Tex. Family Code § 153.002
- **Heading:** BEST INTEREST OF CHILD; REBUTTABLE PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code fa / Chapter 153 / Section 153.002

## Text

(a) The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

(b) In a suit between a parent and a nonparent, it is a rebuttable presumption that:

(1) a parent acts in the best interest of the parent's child; and

(2) it is in the best interest of a child to be in the care, custody, and control of a parent.

(c) In a suit between a parent and a nonparent, the nonparent may overcome the presumption under Subsection (b) by proving by clear and convincing evidence that denial of the relief requested by the nonparent would significantly impair the child's physical health or emotional development. If the court renders an order in the suit granting relief to the nonparent, the court shall state in the order:

(1) the specific facts that support the court's finding that denying the relief requested by the nonparent would significantly impair the child's physical health or emotional development; and

(2) the extent to which the nonparent has overcome the presumption under Subsection (b).

## Nearby sections

- [Tex. Family Code § 153.001 § 153.001. PUBLIC POLICY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.001.md)
- [Tex. Family Code § 153.002 § 153.002. BEST INTEREST OF CHILD; REBUTTABLE PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.002.md)
- [Tex. Family Code § 153.003 § 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.003.md)
- [Tex. Family Code § 153.004 § 153.004. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.004.md)
- [Tex. Family Code § 153.005 § 153.005. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.005.md)
- [Tex. Family Code § 153.006 § 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.006.md)
- [Tex. Family Code § 153.007 § 153.007. AGREED PARENTING PLAN.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.007.md)
- [Tex. Family Code § 153.009 § 153.009. INTERVIEW OF CHILD IN CHAMBERS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.009.md)
- [Tex. Family Code § 153.010 § 153.010. ORDER FOR FAMILY COUNSELING.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.010.md)
- [Tex. Family Code § 153.011 § 153.011. SECURITY BOND.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.011.md)
- [Tex. Family Code § 153.012 § 153.012. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.012.md)
- [Tex. Family Code § 153.013 § 153.013. FALSE REPORT OF CHILD ABUSE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.013.md)
- [Tex. Family Code § 153.014 § 153.014. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.014.md)
- [Tex. Family Code § 153.015 § 153.015. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.015.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfa_C153_S153.002. Check the current official text before relying on it. Not legal advice.