reglab/statecodes huggingface dataset:
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.185. Parent to Furnish Information

Sec. 154.185.  PARENT TO FURNISH INFORMATION.  (a)  The court shall order a parent providing health insurance or dental insurance to furnish to either the obligee, obligor, or child support agency the following information not later than the 30th day after the date the notice of rendition of the order is received:
(1)  the social security number of the parent;
(2)  the name and address of the parent's employer;
(3)  with regard to health insurance:
(A)  whether the employer is self-insured or has health insurance available;
(B)  proof that health insurance has been provided for the child;
(C)  if the employer has health insurance available, the name of the health insurance carrier, the number of the policy, a copy of the policy and schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim; and
(D)  if the employer is self-insured, a copy of the schedule of benefits, a membership card, claim forms, and any other information necessary to submit a claim; and
(4)  with regard to dental insurance:
(A)  whether the employer is self-insured or has dental insurance available;
(B)  proof that dental insurance has been provided for the child;
(C)  if the employer has dental insurance available, the name of the dental insurance carrier, the number of the policy, a copy of the policy and schedule of benefits, a dental insurance membership card, claim forms, and any other information necessary to submit a claim; and
(D)  if the employer is self-insured, a copy of the schedule of benefits, a membership card, claim forms, and any other information necessary to submit a claim.
(b)  The court shall also order a parent providing health insurance or dental insurance to furnish the obligor, obligee, or child support agency with additional information regarding the health insurance coverage or dental insurance coverage not later than the 15th day after the date the information is received by the parent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 18, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.186. Notice to Employer Concerning Medical Support or Dental Support

Sec. 154.186.  NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT OR DENTAL SUPPORT.  (a)  The obligee, obligor, or a child support agency of this state or another state may send to the employer a copy of the order requiring an employee to provide health insurance coverage or dental insurance coverage for a child or may include notice of the medical support order or dental support order in an order or writ of withholding sent to the employer in accordance with Chapter 158.
(b)  In an appropriate Title IV-D case, the Title IV-D agency of this state or another state shall send to the employer the national medical support notice required under Part D, Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.), as amended.  The notice may be used in any other suit in which an obligor is ordered to provide health insurance coverage for a child.
(c)  The Title IV-D agency by rule shall establish procedures consistent with federal law for use of the national medical support notice and may prescribe forms for the efficient use of the notice.  The agency shall provide the notice and forms, on request, to obligees, obligors, domestic relations offices, friends of the court, and attorneys.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 4.04, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 911, Sec. 12, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 120, Sec. 1, eff. July 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 12, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 19, eff. September 1, 2018.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 20, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.188. Failure to Provide or Pay for Required Health Insurance or Dental Insurance

Sec. 154.188.  FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH INSURANCE OR DENTAL INSURANCE.  A parent ordered to provide health insurance or dental insurance or to pay the other parent additional child support for the cost of health insurance or dental insurance who fails to do so is liable for:
(1)  necessary medical expenses or dental expenses of the child, without regard to whether the expenses would have been paid if health insurance or dental insurance had been provided; and
(2)  the cost of health insurance premiums, dental insurance premiums, or contributions, if any, paid on behalf of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 295, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 22, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.189. Notice of Termination or Lapse of Insurance Coverage

Sec. 154.189.  NOTICE OF TERMINATION OR LAPSE OF INSURANCE COVERAGE.  (a)  An obligor ordered to provide health insurance coverage or dental insurance coverage for a child must notify the obligee and any child support agency enforcing a support obligation against the obligor of the:
(1)  termination or lapse of health insurance coverage or dental insurance coverage for the child not later than the 15th day after the date of a termination or lapse; and
(2)  availability of additional health insurance or dental insurance to the obligor for the child after a termination or lapse of coverage not later than the 15th day after the date the insurance becomes available.
(b)  If termination of coverage results from a change of employers, the obligor, the obligee, or the child support agency may send the new employer a copy of the order requiring the employee to provide health insurance or dental insurance for a child or notice of the medical support order or the dental support order as provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 23, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.190. Reenrolling Child for Insurance Coverage

Sec. 154.190.  REENROLLING CHILD FOR INSURANCE COVERAGE.  After health insurance or dental insurance has been terminated or has lapsed, an obligor ordered to provide health insurance coverage or dental insurance coverage for the child must enroll the child in a health insurance plan or a dental insurance plan at the next available enrollment period.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 24, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.191. Remedy Not Exclusive

Sec. 154.191.  REMEDY NOT EXCLUSIVE.  (a)  This subchapter does not limit the rights of the obligor, obligee, local domestic relations office, or Title IV-D agency to enforce, modify, or clarify the medical support order or dental support order.
(b)  This subchapter does not limit the authority of the court to render or modify a medical support order or dental support order to provide for payment of uninsured health expenses, health care costs, health insurance premiums, uninsured dental expenses, dental costs, or dental insurance premiums in a manner consistent with this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 12, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 25, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.192. Cancellation or Elimination of Insurance Coverage for Child

Sec. 154.192.  CANCELLATION OR ELIMINATION OF INSURANCE COVERAGE FOR CHILD.  Unless the employee or member ceases to be eligible for dependent coverage, or the employer has eliminated dependent health coverage or dental coverage for all of the employer's employees or members, the employer may not cancel or eliminate coverage of a child enrolled under this subchapter until the employer is provided satisfactory written evidence that:
(1)  the court order or administrative order requiring the coverage is no longer in effect; or
(2)  the child is enrolled in comparable insurance coverage or will be enrolled in comparable coverage that will take effect not later than the effective date of the cancellation or elimination of the employer's coverage.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 4.06, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 26, eff. September 1, 2018.
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 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.193. Medical Support Order or Dental Support Order Not Qualified

Sec. 154.193.  MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER NOT QUALIFIED.
(a)  If a plan administrator or other person acting in an equivalent position determines that a medical support order or dental support order issued under this subchapter does not qualify for enforcement under federal law, the tribunal may, on its own motion or the motion of a party, render an order that qualifies for enforcement under federal law.
(b)  The procedure for filing a motion for enforcement of a final order applies to a motion under this section.  Service of citation is not required, and a person is not entitled to a jury in a proceeding under this section.
(c)  The employer or plan administrator is not a necessary party to a proceeding under this section.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 27, eff. September 1, 2018.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 28, eff. September 1, 2018.
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 154 - Child Support › Subchapter E. Local Child Support Registry › Section 154.241. Local Registry

Sec. 154.241.  LOCAL REGISTRY.  (a)  A local registry shall receive a court-ordered child support payment or a payment otherwise authorized by law and shall forward the payment, as appropriate, to the Title IV-D agency, local domestic relations office, or obligee within two working days after the date the local registry receives the payment.
(b)  A local registry may not require an obligor, obligee, or other party or entity to furnish a certified copy of a court order as a condition of processing child support payments and shall accept as sufficient authority to process the payments a photocopy, facsimile copy, or conformed copy of the court's order.
(c)  A local registry shall include with each payment it forwards to the Title IV-D agency the date it received the payment and the withholding date furnished by the employer.
(d)  A local registry shall accept child support payments made by personal check, money order, or cashier's check.  A local registry may refuse payment by personal check if a pattern of abuse regarding the use of personal checks has been established.  Abuse includes checks drawn on insufficient funds, abusive or offensive language written on the check, intentional mutilation of the instrument, or other actions that delay or disrupt the registry's operation.
(e)  Subject to Section 154.004, at the request of an obligee, a local registry shall redirect and forward a child support payment to an address and in care of a person or entity designated by the obligee.  A local registry may require that the obligee's request be in writing or be made on a form provided by the local registry for that purpose, but may not charge a fee for receiving the request or redirecting the payments as requested.
(f)  A local registry may accept child support payments made by credit card, debit card, or automatic teller machine card.
(g)  Notwithstanding any other law, a private entity may perform the duties and functions of a local registry under this section either under a contract with a county commissioners court or domestic relations office executed under Section 204.002 or under an appointment by a court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 42, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 645, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 740 (H.B. 2668), Sec. 2, eff. June 17, 2005.
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 154 - Child Support › Subchapter E. Local Child Support Registry › Section 154.242. Payment or Transfer of Child Support Payments by Electronic Funds Transfer

Sec. 154.242.  PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS BY ELECTRONIC FUNDS TRANSFER.  (a)  A child support payment may be made by electronic funds transfer to:
(1)  the Title IV-D agency;
(2)  a local registry if the registry agrees to accept electronic payment;  or
(3)  the state disbursement unit.
(b)  A local registry may transmit child support payments to the Title IV-D agency by electronic funds transfer.  Unless support payments are required to be made to the state disbursement unit, an obligor may make payments, with the approval of the court entering the order, directly to the bank account of the obligee by electronic transfer and provide verification of the deposit to the local registry.  A local registry in a county that makes deposits into personal bank accounts by electronic funds transfer as of April 1, 1995, may transmit a child support payment to an obligee by electronic funds transfer if the obligee maintains a bank account and provides the local registry with the necessary bank account information to complete electronic payment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 597, Sec. 1, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 702, Sec. 2, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1053, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 10, 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 154 - Child Support › Subchapter E. Local Child Support Registry › Section 154.243. Production of Child Support Payment Record

Sec. 154.243.  PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.  The Title IV-D agency, a local registry, or the state disbursement unit may comply with a subpoena or other order directing the production of a child support payment record by sending a certified copy of the record or an affidavit regarding the payment record to the court that directed production of the record.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 10, 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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.301. Definitions

Sec. 154.301.  DEFINITIONS.  In this subchapter:
(1)  "Adult child" means a child 18 years of age or older.
(2)  "Child" means a son or daughter of any age.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.302. Court-Ordered Support for Disabled Child

Sec. 154.302.  COURT-ORDERED SUPPORT FOR DISABLED CHILD.  (a)  The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:
(1)  the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support;  and
(2)  the disability exists, or the cause of the disability is known to exist, on or before the 18th birthday of the child.
(b)  A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child.  The court may designate a child who is 18 years of age or older to receive the support directly.
(c)  Notwithstanding Subsection (b), a court that orders support under this section for an adult child with a disability may designate a special needs trust and provide that the support may be paid directly to the trust for the benefit of the adult child.  The court shall order that support payable to a special needs trust under this subsection be paid directly to the trust and may not order the support be paid to the state disbursement unit.  This subsection does not apply in a Title IV-D case.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1173, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 359 (H.B. 558), Sec. 1, eff. September 1, 2019.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.303. Standing to Sue

Sec. 154.303.  STANDING TO SUE.  (a)  A suit provided by this subchapter may be filed only by:
(1)  a parent of the child or another person having physical custody or guardianship of the child under a court order;  or
(2)  the child if the child:
(A)  is 18 years of age or older;
(B)  does not have a mental disability;  and
(C)  is determined by the court to be capable of managing the child's financial affairs.
(b)  The parent, the child, if the child is 18 years of age or older, or other person may not transfer or assign the cause of action to any person, including a governmental or private entity or agency, except for an assignment made to the Title IV-D agency under Section 231.104 or in the provision of child support enforcement services under Section 159.307.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1173, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 2, 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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.304. General Procedure

Sec. 154.304.  GENERAL PROCEDURE.  Except as otherwise provided by this subchapter, the substantive and procedural rights and remedies in a suit affecting the parent-child relationship relating to the establishment, modification, or enforcement of a child support order apply to a suit filed and an order rendered under this subchapter.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.305. Specific Procedures

Sec. 154.305.  SPECIFIC PROCEDURES.  (a)  A suit under this subchapter may be filed:
(1)  regardless of the age of the child;  and
(2)  as an independent cause of action or joined with any other claim or remedy provided by this code.
(b)  If no court has continuing, exclusive jurisdiction of the child, an action under this subchapter may be filed as an original suit affecting the parent-child relationship.
(c)  If there is a court of continuing, exclusive jurisdiction, an action under this subchapter may be filed as a suit for modification as provided by Chapter 156.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.306. Amount of Support After Age 18

Sec. 154.306.  AMOUNT OF SUPPORT AFTER AGE 18.  In determining the amount of support to be paid after a child's 18th birthday, the specific terms and conditions of that support, and the rights and duties of both parents with respect to the support of the child, the court shall determine and give special consideration to:
(1)  any existing or future needs of the adult child directly related to the adult child's mental or physical disability and the substantial care and personal supervision directly required by or related to that disability;
(2)  whether the parent pays for or will pay for the care or supervision of the adult child or provides or will provide substantial care or personal supervision of the adult child;
(3)  the financial resources available to both parents for the support, care, and supervision of the adult child;  and
(4)  any other financial resources or other resources or programs available for the support, care, and supervision of the adult child.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.307. Modification and Enforcement

Sec. 154.307.  MODIFICATION AND ENFORCEMENT.  An order provided by this subchapter may contain provisions governing the rights and duties of both parents with respect to the support of the child and may be modified or enforced in the same manner as any other order provided by this title.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.308. Remedy Not Exclusive

Sec. 154.308.  REMEDY NOT EXCLUSIVE.  (a)  This subchapter does not affect a parent's:
(1)  cause of action for the support of a disabled child under any other law;  or
(2)  ability to contract for the support of a disabled child.
(b)  This subchapter does not affect the substantive or procedural rights or remedies of a person other than a parent, including a governmental or private entity or agency, with respect to the support of a disabled child under any other law.
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 154 - Child Support › Subchapter F. Support for a Minor or Adult Disabled Child › Section 154.309. Possession of or Access to Adult Disabled Child

Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT DISABLED CHILD.  (a)  A court may render an order for the possession of or access to an adult disabled child that is appropriate under the circumstances.
(b)  Possession of or access to an adult disabled child is enforceable in the manner provided by Chapter 157.  An adult disabled child may refuse possession or access if the adult disabled child is mentally competent.
(c)  A court that obtains continuing, exclusive jurisdiction of a suit affecting the parent-child relationship involving a disabled person who is a child retains continuing, exclusive jurisdiction of subsequent proceedings involving the person, including proceedings after the person is an adult.  Notwithstanding this subsection and any other law, a probate court may exercise jurisdiction in a guardianship proceeding for the person after the person is an adult.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 43, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 453 (H.B. 585), Sec. 1, eff. June 16, 2007.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter A. Continuing, Exclusive Jurisdiction › Section 155.001. Acquiring Continuing, Exclusive Jurisdiction

Sec. 155.001.  ACQUIRING CONTINUING, EXCLUSIVE JURISDICTION.  (a)  Except as otherwise provided by this section, a court acquires continuing, exclusive jurisdiction over the matters provided for by this title in connection with a child on the rendition of a final order.
(b)  The following final orders do not create continuing, exclusive jurisdiction in a court:
(1)  a voluntary or involuntary dismissal of a suit affecting the parent-child relationship;
(2)  in a suit to determine parentage, a final order finding that an alleged or presumed father is not the father of the child, except that the jurisdiction of the court is not affected if the child was subject to the jurisdiction of the court or some other court in a suit affecting the parent-child relationship before the commencement of the suit to adjudicate parentage;  and
(3)  a final order of adoption, after which a subsequent suit affecting the child must be commenced as though the child had not been the subject of a suit for adoption or any other suit affecting the parent-child relationship before the adoption.
(c)  If a court of this state has acquired continuing, exclusive jurisdiction, no other court of this state has jurisdiction of a suit with regard to that child except as provided by this chapter, Section 103.001(b), or Chapter 262.
(d)  Unless a final order has been rendered by a court of continuing, exclusive jurisdiction, a subsequent suit shall be commenced as an original proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.19, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 821, Sec. 2.15, eff. June 14, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 10, eff. September 1, 2015.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter A. Continuing, Exclusive Jurisdiction › Section 155.002. Retaining Continuing, Exclusive Jurisdiction

Sec. 155.002.  RETAINING CONTINUING, EXCLUSIVE JURISDICTION.  Except as otherwise provided by this subchapter, a court with continuing, exclusive jurisdiction retains jurisdiction of the parties and matters provided by this title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.20, 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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter A. Continuing, Exclusive Jurisdiction › Section 155.003. Exercise of Continuing, Exclusive Jurisdiction

Sec. 155.003.  EXERCISE OF CONTINUING, EXCLUSIVE JURISDICTION.  (a)  Except as otherwise provided by this section, a court with continuing, exclusive jurisdiction may exercise its jurisdiction to modify its order regarding managing conservatorship, possessory conservatorship, possession of and access to the child, and support of the child.
(b)  A court of this state may not exercise its continuing, exclusive jurisdiction to modify managing conservatorship if:
(1)  the child's home state is other than this state;  or
(2)  modification is precluded by Chapter 152.
(c)  A court of this state may not exercise its continuing, exclusive jurisdiction to modify possessory conservatorship or possession of or access to a child if:
(1)  the child's home state is other than this state and all parties have established and continue to maintain their principal residence outside this state;  or
(2)  each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction of the suit.
(d)  A court of this state may not exercise its continuing, exclusive jurisdiction to modify its child support order if modification is precluded by Chapter 159.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter A. Continuing, Exclusive Jurisdiction › Section 155.004. Loss of Continuing, Exclusive Jurisdiction

Sec. 155.004.  LOSS OF CONTINUING, EXCLUSIVE JURISDICTION.  (a)  A court of this state loses its continuing, exclusive jurisdiction to modify its order if:
(1)  an order of adoption is rendered by another court in an original suit filed as described by Section 103.001(b);
(2)  the parents of the child have remarried each other after the dissolution of a previous marriage between them and file a suit for the dissolution of their subsequent marriage combined with a suit affecting the parent-child relationship as if there had not been a prior court with continuing, exclusive jurisdiction over the child; or
(3)  another court assumed jurisdiction over a suit and rendered a final order based on incorrect information received from the vital statistics unit that there was no court of continuing, exclusive jurisdiction.
(b)  This section does not affect the power of the court to enforce its order for a violation that occurred before the time continuing, exclusive jurisdiction was lost under this section.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.050, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 136 (H.B. 1854), Sec. 1, eff. September 1, 2019.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter A. Continuing, Exclusive Jurisdiction › Section 155.005. Jurisdiction Pending Transfer

Sec. 155.005.  JURISDICTION PENDING TRANSFER.  (a)  During the transfer of a suit from a court with continuing, exclusive jurisdiction, the transferring court retains jurisdiction to render temporary orders.
(b)  The jurisdiction of the transferring court terminates on the docketing of the case in the transferee 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 B - Suits Affecting the Parent-Child Relationship › Chapter 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter B. Identification of Court of Continuing, Exclusive Jurisdiction › Section 155.101. Request for Identification of Court of Continuing, Exclusive Jurisdiction

Sec. 155.101.  REQUEST FOR IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE JURISDICTION.  (a)  The petitioner or the court shall request from the vital statistics unit identification of the court that last had continuing, exclusive jurisdiction of the child in a suit unless:
(1)  the petition alleges that no court has continuing, exclusive jurisdiction of the child and the issue is not disputed by the pleadings; or
(2)  the petition alleges that the court in which the suit or petition to modify has been filed has acquired and retains continuing, exclusive jurisdiction of the child as the result of a prior proceeding and the issue is not disputed by the pleadings.
(b)  The vital statistics unit shall, on the written request of the court, an attorney, or a party:
(1)  identify the court that last had continuing, exclusive jurisdiction of the child in a suit and give the docket number of the suit; or
(2)  state that the child has not been the subject of a suit.
(c)  The child shall be identified in the request by name, birthdate, and place of birth.
(d)  The vital statistics unit shall transmit the information not later than the 10th day after the date on which the request is received.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 44, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 178, Sec. 8, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.051, eff. April 2, 2015.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter B. Identification of Court of Continuing, Exclusive Jurisdiction › Section 155.102. Dismissal

Sec. 155.102.  DISMISSAL.  If a court in which a suit is filed determines that another court has continuing, exclusive jurisdiction of the child, the court in which the suit is filed shall dismiss the suit without prejudice.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter B. Identification of Court of Continuing, Exclusive Jurisdiction › Section 155.103. Reliance on Vital Statistics Unit Information

Sec. 155.103.  RELIANCE ON VITAL STATISTICS UNIT INFORMATION.  (a)  A court shall have jurisdiction over a suit if it has been, correctly or incorrectly, informed by the vital statistics unit that the child has not been the subject of a suit and the petition states that no other court has continuing, exclusive jurisdiction over the child.
(b)  If the vital statistics unit notifies the court that the unit has furnished incorrect information regarding the existence of another court with continuing, exclusive jurisdiction before the rendition of a final order, the provisions of this chapter apply.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 45, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.052, eff. April 2, 2015.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter B. Identification of Court of Continuing, Exclusive Jurisdiction › Section 155.104. Voidable Order

Sec. 155.104.  VOIDABLE ORDER.  (a)  If a request for information from the vital statistics unit relating to the identity of the court having continuing, exclusive jurisdiction of the child has been made under this subchapter, a final order, except an order of dismissal, may not be rendered until the information is filed with the court.
(b)  If a final order is rendered in the absence of the filing of the information from the vital statistics unit, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 46, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.053, eff. April 2, 2015.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter C. Transfer of Continuing, Exclusive Jurisdiction › Section 155.201. Mandatory Transfer

Sec. 155.201.  MANDATORY TRANSFER.  (a)  On the filing of a motion showing that a suit for dissolution of the marriage of the child's parents has been filed in another court and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship shall, within the time required by Section 155.204, transfer the proceedings to the court in which the dissolution of the marriage is pending.
(a-1)  On the filing of a motion showing that a suit in which adoption of a child is requested has been filed in another court located in the county in which the child resides as provided by Section 103.001 and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship with regard to that child shall, within the time required by Section 155.204, transfer the proceedings to the court in which the suit for adoption is pending.
(a-2)  A motion described by Subsection (a) or (a-1) must comply with the requirements of Section 155.204(a).
(b)  If a suit to modify or a motion to enforce an order is filed in the court having continuing, exclusive jurisdiction of a suit, on the timely motion of a party the court shall, within the time required by Section 155.204, transfer the proceeding to another county in this state if the child has resided in the other county for six months or longer.
(c)  If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to modify or motion to enforce is filed, the court may transfer the proceeding as provided by Subsection (b) only if the court could have transferred the proceeding at the time the first motion or suit was filed.
(d)  On receiving notice that a court exercising jurisdiction under Chapter 262 has ordered the transfer of a suit under Section 262.203(a)(2), the court of continuing, exclusive jurisdiction shall, in accordance with the requirements of Section 155.204(i), transfer the proceedings to the court in which the suit under Chapter 262 is pending within the time required by Section 155.207(a).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1135, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 14, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.003, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 722 (H.B. 369), Sec. 3, eff. September 1, 2019.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter C. Transfer of Continuing, Exclusive Jurisdiction › Section 155.202. Discretionary Transfer

Sec. 155.202.  DISCRETIONARY TRANSFER.  (a)  If the basis of a motion to transfer a proceeding under this subchapter is that the child resides in another county, the court may deny the motion if it is shown that the child has resided in that county for less than six months at the time the proceeding is commenced.
(b)  For the convenience of the parties and witnesses and in the interest of justice, the court, on the timely motion of a party, may transfer the proceeding to a proper court in another county in the state.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter C. Transfer of Continuing, Exclusive Jurisdiction › Section 155.203. Determining County of Child's Residence

Sec. 155.203.  DETERMINING COUNTY OF CHILD'S RESIDENCE.  In computing the time during which the child has resided in a county, the court may not require that the period of residence be continuous and uninterrupted but shall look to the child's principal residence during the six-month period preceding the commencement of the suit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
See note following this section.
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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter C. Transfer of Continuing, Exclusive Jurisdiction › Section 155.205. Transfer of Child Support Registry

Sec. 155.205.  TRANSFER OF CHILD SUPPORT REGISTRY.  (a)  On rendition of an order transferring continuing, exclusive jurisdiction to another court, the transferring court shall also order that all future payments of child support be made to the local registry of the transferee court or, if payments have previously been directed to the state disbursement unit, to the state disbursement unit.
(b)  The transferring court's local registry or the state disbursement unit shall continue to receive, record, and forward child support payments to the payee until it receives notice that the transferred case has been docketed by the transferee court.
(c)  After receiving notice of docketing from the transferee court, the transferring court's local registry shall send a certified copy of the child support payment record to the clerk of the transferee court and shall forward any payments received to the transferee court's local registry or to the state disbursement unit, as appropriate.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 11, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 11, eff. Sept. 1, 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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter C. Transfer of Continuing, Exclusive Jurisdiction › Section 155.206. Effect of Transfer

Sec. 155.206.  EFFECT OF TRANSFER.  (a)  A court to which a transfer is made becomes the court of continuing, exclusive jurisdiction and all proceedings in the suit are continued as if it were brought there originally.
(b)  A judgment or order transferred has the same effect and shall be enforced as if originally rendered in the transferee court.
(c)  The transferee court shall enforce a judgment or order of the transferring court by contempt or by any other means by which the transferring court could have enforced its judgment or order.  The transferee court shall have the power to punish disobedience of the transferring court's order, whether occurring before or after the transfer, by contempt.
(d)  After the transfer, the transferring court does not retain jurisdiction of the child who is the subject of the suit, nor does it have jurisdiction to enforce its order for a violation occurring before or after the transfer of jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.