reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.003. No Separate or Additional Filing Fee

Sec. 110.003.  NO SEPARATE OR ADDITIONAL FILING FEE.  The clerk of the court may not require:
(1)  a separate filing fee in a suit joined with a suit for dissolution of marriage under Title 1;  or
(2)  an additional filing fee if more than one form of relief is requested in a suit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.004. Fee for Issuing and Delivering Withholding Order or Writ

Sec. 110.004.  FEE FOR ISSUING AND DELIVERING WITHHOLDING ORDER OR WRIT.  The clerk of the court may charge a reasonable fee, not to exceed $15, for each order or writ of income withholding issued by the clerk and delivered to an employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.005. Transfer Fee

Sec. 110.005.  TRANSFER FEE.  (a)  The fee for filing a transferred case is $80 payable to the clerk of the court to which the case is transferred.  Fees collected under this section are to be remitted and allocated as provided by Chapters 133 and 135, Local Government Code, as applicable.
(b)  A party may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with filing of the transferred case.
(c)  The fee limitation in this section does not affect a fee payable to the court transferring the case.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 10, eff. January 1, 2024.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 110 - Court Fees › Section 110.006. Domestic Relations Office Operations Fees and Child Support Service Fees

Sec. 110.006.  DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND CHILD SUPPORT SERVICE FEES.  (a)  If an administering entity of a domestic relations office adopts an initial operations fee under Section 203.005(a)(1), the clerk of the court shall:
(1)  collect the operations fee at the time the original suit, motion for modification, or motion for enforcement, as applicable, is filed; and
(2)  send the fee to the domestic relations office.
(b)  If an administering entity of a domestic relations office adopts an initial child support service fee under Section 203.005(a)(2), the clerk of the court shall:
(1)  collect the child support service fee at the time the original suit is filed; and
(2)  send the fee to the domestic relations office.
(c)  The fees described by Subsections (a) and (b) are not filing fees for purposes of Section 110.002 or 110.003.
Added by Acts 1997, 75th Leg., ch. 702, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1035 (H.B. 4424), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 111 - Guidelines for Possession and Child Support › Section 111.001. Review of Guidelines

Sec. 111.001.  REVIEW OF GUIDELINES.  (a)  Prior to each regular legislative session, the standing committees of each house of the legislature having jurisdiction over family law issues shall review and, if necessary, recommend revisions to the guidelines for possession of and access to a child under Chapter 153.  The committee shall report the results of the review and shall include any recommended revisions in the committee's report to the legislature.
(b)  At least once every four years, the Title IV-D agency shall review the child support guidelines under Chapter 154 as required by 42 U.S.C. Section 667(a) and 45 C.F.R. Section 302.56 and report the results of the review and any recommendations for any changes to the guidelines and their manner of application to the standing committees of each house of the legislature having jurisdiction over family law issues.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 8 (S.B. 716), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 111 - Guidelines for Possession and Child Support › Section 111.002. Guidelines Supersede Court Rules

Sec. 111.002.  GUIDELINES SUPERSEDE COURT RULES.  (a)  The guidelines in this title supersede local court rules and rules of the supreme court that conflict with the guidelines.
(b)  Notwithstanding other law, the guidelines may not be repealed or modified by a rule adopted by the supreme court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 111 - Guidelines for Possession and Child Support › Section 111.003. Posting Guidelines

Sec. 111.003.  POSTING GUIDELINES.  A copy of the guidelines for possession of and access to a child under Chapter 153 and a copy of the guidelines for the support of a child under Chapter 154 shall be prominently displayed at or near the entrance to the courtroom of every court having jurisdiction of a suit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 151 - Rights and Duties in Parent-Child Relationship › Section 151.003. Limitation on State Agency Action

Sec. 151.003.  LIMITATION ON STATE AGENCY ACTION.  A state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent's child.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 6.18(a), eff. Sept. 1, 1999.  Renumbered from Sec. 151.005 by Acts 2001, 77th Leg., ch. 821, Sec. 2.13, eff. June 14, 2001.
2023 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 A. Application and Construction › Section 152.001. Application and Construction

Sec. 152.001.  APPLICATION AND CONSTRUCTION.  This chapter shall be applied and construed to promote the uniformity of the law among the states that enact it.
Amended by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 A. Application and Construction › Section 152.002. Conflicts Between Provisions

Sec. 152.002.  CONFLICTS BETWEEN PROVISIONS.  If a provision of this chapter conflicts with a provision of this title or another statute or rule of this state and the conflict cannot be reconciled, this chapter prevails.
Amended by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 152.101. Short Title

Sec. 152.101.  SHORT TITLE.  This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 152.103. Proceedings Governed by Other Law

Sec. 152.103.  PROCEEDINGS GOVERNED BY OTHER LAW.  This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 152.104. Application to Indian Tribes

Sec. 152.104.  APPLICATION TO INDIAN TRIBES.  (a)  A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(b)  A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this subchapter and Subchapter C.
(c)  A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter D.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 152.105. International Application of Chapter

Sec. 152.105.  INTERNATIONAL APPLICATION OF CHAPTER.  (a)  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this subchapter and Subchapter C.
(b)  Except as otherwise provided in Subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter D.
(c)  A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(d)  A record of all of the proceedings under this chapter relating to a child custody determination made in a foreign country or to the enforcement of an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction shall be made by a court reporter or as provided by Section 201.009.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 92 (S.B. 1490), Sec. 1, eff. September 1, 2011.
2023 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 152.106. Effect of Child Custody Determination

Sec. 152.106.  EFFECT OF CHILD CUSTODY DETERMINATION.  A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 152.108 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard.  As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 152.107. Priority

Sec. 152.107.  PRIORITY.  If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 152.209. Information to Be Submitted to Court

Sec. 152.209.  INFORMATION TO BE SUBMITTED TO COURT.  (a)  Except as provided by Subsection (e) or unless each party resides in this state, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period.  The pleading or affidavit must state whether the party:
(1)  has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2)  knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;  and
(3)  knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b)  If the information required by Subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c)  If the declaration as to any of the items described in Subsections (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court.  The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d)  Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e)  If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 4, eff. Sept. 1, 2003.
2023 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 152.210. Appearance of Parties and Child

Sec. 152.210.  APPEARANCE OF PARTIES AND CHILD.  (a)  In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child.  The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b)  If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 152.108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c)  The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d)  If a party to a child custody proceeding who is outside this state is directed to appear under Subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.301. Definitions

Sec. 152.301.  DEFINITIONS.  In this subchapter:
(1)  "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2)  "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.302. Enforcement Under Hague Convention

Sec. 152.302.  ENFORCEMENT UNDER HAGUE CONVENTION.  Under this subchapter a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.303. Duty to Enforce

Sec. 152.303.  DUTY TO ENFORCE.  (a)  A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b)  A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state.  The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.304. Temporary Visitation

Sec. 152.304.  TEMPORARY VISITATION.  (a)  A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1)  a visitation schedule made by a court of another state;  or
(2)  the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b)  If a court of this state makes an order under Subsection (a)(2), the court shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subchapter C. The order remains in effect until an order is obtained from the other court or the period expires.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.306. Enforcement of Registered Determination

Sec. 152.306.  ENFORCEMENT OF REGISTERED DETERMINATION.  (a)  A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(b)  A court of this state shall recognize and enforce, but may not modify, except in accordance with Subchapter C, a registered child custody determination of a court of another state.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.307. Simultaneous Proceedings

Sec. 152.307.  SIMULTANEOUS PROCEEDINGS.  If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subchapter C, the enforcing court shall immediately communicate with the modifying court.  The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
2023 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 D. Enforcement › Section 152.309. Service of Petition and Order

Sec. 152.309.  SERVICE OF PETITION AND ORDER.  Except as otherwise provided in Section 152.311, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.