Section 153.433 - Possession of or Access to Grandchild(a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated;(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;(B) has been found by a court to be incompetent;(D) does not have actual or court-ordered possession of or access to the child.(b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated;(2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;(B) has been found by a court to be incompetent;(D) does not have actual or court-ordered possession of or access to the child.Amended By Acts 2009, 81st Leg., R.S., Ch. 1113, Sec. 12, eff. 9/1/2009.Amended By Acts 2005, 79th Leg., Ch. 484, Sec. 4, eff. 9/1/2005.Amended by Acts 1997, 75th Leg., ch. 1397, Sec. 1, eff. 9/1/1997.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. 4/20/1995.