Texas Family Code - Section 157.376. No Existing Order

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§ 157.376. NO EXISTING ORDER.  (a) If the right to 
possession of a child is not governed by an order, the court in a 
habeas corpus proceeding involving the right of possession of the 
child:
		(1)  shall compel return of the child to the parent if 
the right of possession is between a parent and a nonparent and a 
suit affecting the parent-child relationship has not been filed;  
or
		(2)  may either compel return of the child or issue 
temporary orders under Chapter 105 if a suit affecting the 
parent-child relationship is pending and the parties have received 
notice of a hearing on temporary orders set for the same time as the 
habeas corpus proceeding.
	(b)  The court may not use a habeas corpus proceeding to 
adjudicate the right of possession of a child between two parents or 
between two or more nonparents.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.           

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Last modified: August 10, 2007