reglab/housing_qa huggingface dataset:
TX Fam Code § 152.108 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter B. General Provisions|Section 152.108. Notice to Persons Outside State

Sec. 152.108.  NOTICE TO PERSONS OUTSIDE STATE.  (a)  Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made.  Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.(b)  Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.(c)  Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.109 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter B. General Provisions|Section 152.109. Appearance and Limited Immunity

Sec. 152.109.  APPEARANCE AND LIMITED IMMUNITY.  (a)  A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.(b)  A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state.  A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowed under the laws of that state.(c)  The immunity granted by Subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.110 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter B. General Provisions|Section 152.110. Communication Between Courts

Sec. 152.110.  COMMUNICATION BETWEEN COURTS.  (a)  In this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(b)  A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.(c)  The court may allow the parties to participate in the communication.  If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.(d)  If proceedings involving the same parties are pending simultaneously in a court of this state and a court of another state, the court of this state shall inform the other court of the simultaneous proceedings.  The court of this state shall request that the other court hold the proceeding in that court in abeyance until the court in this state conducts a hearing to determine whether the court has jurisdiction over the proceeding.(e)  Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties.  A record need not be made of the communication.(f)  Except as otherwise provided in Subsection (e), a record must be made of any communication under this section.  The parties must be informed promptly of the communication and granted access to the record.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 329, Sec. 1, eff. May 24, 2001.|
TX Fam Code § 152.111 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter B. General Provisions|Section 152.111. Taking Testimony in Another State

Sec. 152.111.  TAKING TESTIMONY IN ANOTHER STATE.  (a)  In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowed in this state for testimony taken in another state.  The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.(b)  A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state.  A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.(c)  Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.112 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter B. General Provisions|Section 152.112. Cooperation Between Courts; Preservation of Records

Sec. 152.112.  COOPERATION BETWEEN COURTS;  PRESERVATION OF RECORDS.  (a)  A court of this state may request the appropriate court of another state to:(1)  hold an evidentiary hearing;(2)  order a person to produce or give evidence pursuant to procedures of that state;(3)  order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;(4)  forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request;  and(5)  order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.(b)  Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in Subsection (a).(c)  Travel and other necessary and reasonable expenses incurred under Subsections (a) and (b) may be assessed against the parties according to the law of this state.(d)  A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age.  Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.201 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.201. Initial Child Custody Jurisdiction

Sec. 152.201.  INITIAL CHILD CUSTODY JURISDICTION.  (a)  Except as otherwise provided in Section 152.204, a court of this state has jurisdiction to make an initial child custody determination only if:(1)  this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;(2)  a court of another state does not have jurisdiction under Subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 152.207 or 152.208, and:(A)  the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence;  and(B)  substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;(3)  all courts having jurisdiction under Subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 152.207 or 152.208;  or(4)  no court of any other state would have jurisdiction under the criteria specified in Subdivision (1), (2), or (3).(b)  Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.(c)  Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.202 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.202. Exclusive Continuing Jurisdiction

Sec. 152.202.  EXCLUSIVE CONTINUING JURISDICTION.  (a)  Except as otherwise provided in Section 152.204, a court of this state which has made a child custody determination consistent with Section 152.201 or 152.203 has exclusive continuing jurisdiction over the determination until:(1)  a court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent, have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships;  or(2)  a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.(b)  A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 152.201.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.203 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.203. Jurisdiction to Modify Determination

Sec. 152.203.  JURISDICTION TO MODIFY DETERMINATION.  Except as otherwise provided in Section 152.204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 152.201(a)(1) or (2) and:(1)  the court of the other state determines it no longer has exclusive continuing jurisdiction under Section 152.202 or that a court of this state would be a more convenient forum under Section 152.207;  or(2)  a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.204 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.204. Temporary Emergency Jurisdiction

Sec. 152.204.  TEMPORARY EMERGENCY JURISDICTION.  (a)  A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.(b)  If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 152.201 through 152.203.  If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.(c)  If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 152.201 through 152.203.  The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.(d)  A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under Sections 152.201 through 152.203, shall immediately communicate with the other court.  A court of this state which is exercising jurisdiction pursuant to Sections 152.201 through 152.203, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.205 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.205. Notice; Opportunity to Be Heard; Joinder

Sec. 152.205.  NOTICE;  OPPORTUNITY TO BE HEARD;  JOINDER.  (a)  Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section 152.108 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.(b)  This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.(c)  The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.206 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.206. Simultaneous Proceedings

Sec. 152.206.  SIMULTANEOUS PROCEEDINGS.  (a)  Except as otherwise provided in Section 152.204, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 152.207.(b)  Except as otherwise provided in Section 152.204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 152.209.  If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state.  If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.(c)  In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state.  If a proceeding to enforce a child custody determination has been commenced in another state, the court may:(1)  stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;(2)  enjoin the parties from continuing with the proceeding for enforcement;  or(3)  proceed with the modification under conditions it considers appropriate.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.207 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.207. Inconvenient Forum

Sec. 152.207.  INCONVENIENT FORUM.  (a)  A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.  The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.(b)  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.  For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:(1)  whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;(2)  the length of time the child has resided outside this state;(3)  the distance between the court in this state and the court in the state that would assume jurisdiction;(4)  the relative financial circumstances of the parties;(5)  any agreement of the parties as to which state should assume jurisdiction;(6)  the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;(7)  the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;  and(8)  the familiarity of the court of each state with the facts and issues in the pending litigation.(c)  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, the court shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.(d)  A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|
TX Fam Code § 152.208 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle B - Suits Affecting the Parent-Child Relationship|Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act|Subchapter C. Jurisdiction|Section 152.208. Jurisdiction Declined by Reason of Conduct

Sec. 152.208.  JURISDICTION DECLINED BY REASON OF CONDUCT.  (a)  Except as otherwise provided in Section 152.204 or other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:(1)  the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;(2)  a court of the state otherwise having jurisdiction under Sections 152.201 through 152.203 determines that this state is a more appropriate forum under Section 152.207;  or(3)  no court of any other state would have jurisdiction under the criteria specified in Sections 152.201 through 152.203.(b)  If a court of this state declines to exercise its jurisdiction pursuant to Subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 152.201 through 152.203.(c)  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to Subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.  The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.|Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.|