Texas Family Code - Section 152.204. Temporary Emergency Jurisdiction
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§ 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, § 1, eff. Sept. 1, 1999.
Section: 152.109 152.110 152.111 152.112 152.201 152.202 152.203 152.204 152.205 152.206 152.207 152.208 152.209 152.210 152.301
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Last modified: August 10, 2007
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