Texas Family Code - Section 156.102. Modification Of Exclusive Right To Determine Primary Residence Of Child Within One Year Of Order

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§ 156.102. MODIFICATION OF EXCLUSIVE RIGHT TO DETERMINE 
PRIMARY RESIDENCE OF CHILD WITHIN ONE YEAR OF ORDER.  (a) If a suit 
seeking to modify the designation of the person having the 
exclusive right to designate the primary residence of a child is 
filed not later than one year after the earlier of the date of the 
rendition of the order or the date of the signing of a mediated or 
collaborative law settlement agreement on which the order is based, 
the person filing the suit shall execute and attach an affidavit as 
provided by Subsection (b).
	(b)  The affidavit must contain, along with supporting 
facts, at least one of the following allegations:
		(1)  that the child's present environment may endanger 
the child's physical health or significantly impair the child's 
emotional development;
		(2)  that the person who has the exclusive right to 
designate the primary residence of the child is the person seeking 
or consenting to the modification and the modification is in the 
best interest of the child;  or
		(3)  that the person who has the exclusive right to 
designate the primary residence of the child has voluntarily 
relinquished the primary care and possession of the child for at 
least six months and the modification is in the best interest of the 
child.
	(c)  The court shall deny the relief sought and refuse to 
schedule a hearing for modification under this section unless the 
court determines, on the basis of the affidavit, that facts 
adequate to support an allegation listed in Subsection (b) are 
stated in the affidavit.  If the court determines that the facts 
stated are adequate to support an allegation, the court shall set a 
time and place for the hearing.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 1289, § 6, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1036, § 20, eff. Sept. 1, 2003.

Last modified: August 10, 2007