Texas Family Code - Section 152.206. Simultaneous Proceedings

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§ 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, § 1, eff. Sept. 1, 1999.            

Last modified: August 10, 2007