Texas Family Code - Section 152.209. Information To Be Submitted To Court
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§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1036, § 4, eff. Sept. 1,
2003.
Section: 152.202 152.203 152.204 152.205 152.206 152.207 152.208 152.209 152.210 152.301 152.302 152.303 152.304 152.305 152.306
Last modified: August 11, 2007
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