Texas Family Code - Section 152.201. Initial Child Custody Jurisdiction
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§ 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, § 1, eff. Sept. 1, 1999.
Section: 152.106 152.107 152.108 152.109 152.110 152.111 152.112 152.201 152.202 152.203 152.204 152.205 152.206 152.207 152.208
Last modified: August 11, 2007
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