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Texas Family Code - Section 152.308. Expedited Enforcement Of Child Custody Determination

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 152.308. Expedited Enforcement Of Child Custody Determination

§ 152.308. EXPEDITED ENFORCEMENT OF CHILD CUSTODY 
DETERMINATION.  (a) A petition under this subchapter must be 
verified.  Certified copies of all orders sought to be enforced and 
of any order confirming registration must be attached to the 
petition.  A copy of a certified copy of an order may be attached 
instead of the original.
	(b)  A petition for enforcement of a child custody 
determination must state: 
		(1)  whether the court that issued the determination 
identified the jurisdictional basis it relied upon in exercising 
jurisdiction and, if so, what the basis was;
		(2)  whether the determination for which enforcement is 
sought has been vacated, stayed, or modified by a court whose 
decision must be enforced under this chapter and, if so, identify 
the court, the case number, and the nature of the proceeding;
		(3)  whether any proceeding has been commenced that 
could affect the current proceeding, including 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;
		(4)  the present physical address of the child and the 
respondent, if known;
		(5)  whether relief in addition to the immediate 
physical custody of the child and attorney's fees is sought, 
including a request for assistance from law enforcement officials 
and, if so, the relief sought;  and
		(6)  if the child custody determination has been 
registered and confirmed under Section 152.305, the date and place 
of registration.
	(c)  Upon the filing of a petition, the court shall issue an 
order directing the respondent to appear in person with or without 
the child at a hearing and may enter any order necessary to ensure 
the safety of the parties and the child.  The hearing must be held on 
the next judicial day after service of the order unless that date is 
impossible.  In that event, the court shall hold the hearing on the 
first judicial day possible.  The court may extend the date of 
hearing at the request of the petitioner.
	(d)  An order issued under Subsection (c) must state the time 
and place of the hearing and advise the respondent that at the 
hearing the court will award the petitioner immediate physical 
custody of the child and order the payment of fees, costs, and 
expenses under Section 152.312, and may schedule a hearing to 
determine whether further relief is appropriate, unless the 
respondent appears and establishes that:
		(1)  the child custody determination has not been 
registered and confirmed under Section 152.305 and that:
			(A)  the issuing court did not have jurisdiction 
under Subchapter C;       
			(B)  the child custody determination for which 
enforcement is sought has been vacated, stayed, or modified by a 
court having jurisdiction to do so under Subchapter C;  or
			(C)  the respondent was entitled to notice, but 
notice was not given in accordance with the standards of Section 
152.108, in the proceedings before the court that issued the order 
for which enforcement is sought;  or
		(2)  the child custody determination for which 
enforcement is sought was registered and confirmed under Section 
152.305, but has been vacated, stayed, or modified by a court of a 
state having jurisdiction to do so under Subchapter C.

Added by Acts 1999, 76th Leg., ch. 34, § 1, eff. Sept. 1, 1999.            

Last modified: August 11, 2007