Can the presumptions be rebutted?
Yes. The first presumption may be rebutted if the court finds that the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or an authorized agency for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the lawsuit, and that the appointment of the nonparent or agency as managing conservator is in the best interest of the child.
The second presumption may be rebutted if there is a finding by the court of a history of family violence involving the child’s parents or there is credible evidence of a history or pattern of past or present child neglect or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child.
Return to top