Texas Family Code Title 5, Chapter 152 - Uniform Child Custody Jurisdiction And Enforcement Act
SUBCHAPTER A APPLICATION AND CONSTRUCTION
- Texas Section 152.001 - Application And Construction
This chapter shall be applied and construed to promote the uniformity of the law among the states that enact it. Amended by Acts 1999, 76th...
SUBCHAPTER B GENERAL PROVISIONS
- Texas Section 152.002 - Conflicts Between Provisions
If a provision of this chapter conflicts with a provision of this title or another statute or rule of this state and the conflict cannot...
- Texas Section 152.101 - Short Title
This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff....
- Texas Section 152.102 - Definitions
In this chapter: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained...
- Texas Section 152.103 - Proceedings Governed By Other Law
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Added by Acts...
- Texas Section 152.104 - Application To Indian Tribes
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901...
- Texas Section 152.105 - International Application Of Chapter
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of...
- Texas Section 152.106 - Effect Of Child Custody Determination
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in...
- Texas Section 152.107 - Priority
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a...
- Texas Section 152.108 - Notice To Persons Outside State
(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law...
- Texas Section 152.109 - Appearance And Limited Immunity
(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a...
- Texas Section 152.110 - Communication Between Courts
(a) In this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and...
- Texas Section 152.111 - Taking Testimony In Another State
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located...
SUBCHAPTER C JURISDICTION
- Texas Section 152.112 - Cooperation Between Courts; Preservation Of Records
(a) A court of this state may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to...
- Texas Section 152.201 - Initial Child Custody Jurisdiction
(a) Except as otherwise provided in Section 152.204, a court of this state has jurisdiction to make an initial child custody determination only if: (1)...
- Texas Section 152.202 - Exclusive Continuing Jurisdiction
(a) Except as otherwise provided in Section 152.204, a court of this state which has made a child custody determination consistent with Section 152.201 or...
- Texas Section 152.203 - Jurisdiction To Modify Determination
Except as otherwise provided in Section 152.204, a court of this state may not modify a child custody determination made by a court of another...
- Texas Section 152.204 - Temporary Emergency Jurisdiction
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or...
- Texas Section 152.205 - Notice; Opportunity To Be Heard; Joinder
(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of Section...
- Texas Section 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...
- Texas Section 152.207 - Inconvenient Forum
(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at...
- Texas Section 152.208 - Jurisdiction Declined By Reason Of Conduct
(a) Except as otherwise provided in Section 152.204 or other law of this state, if a court of this state has jurisdiction under this chapter...
- Texas Section 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...
SUBCHAPTER D ENFORCEMENT
- Texas Section 152.210 - Appearance Of Parties And Child
(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear...
- Texas Section 152.301 - Definitions
In this subchapter: (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the...
- Texas Section 152.302 - Enforcement Under Hague Convention
Under this subchapter a court of this state may enforce an order for the return of the child made under the Hague Convention on the...
- Texas Section 152.303 - Duty To Enforce
(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised...
- Texas Section 152.304 - Temporary Visitation
(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) a...
- Texas Section 152.305 - Registration Of Child Custody Determination
(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for...
- Texas Section 152.306 - Enforcement Of Registered Determination
(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination...
- Texas Section 152.307 - Simultaneous Proceedings
If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify...
- Texas Section 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...
- Texas Section 152.309 - Service Of Petition And Order
Except as otherwise provided in Section 152.311, the petition and order must be served, by any method authorized by the law of this state, upon...
- Texas Section 152.310 - Hearing And Order
(a) Unless the court issues a temporary emergency order pursuant to Section 152.204, upon a finding that a petitioner is entitled to immediate physical custody...
- Texas Section 152.311 - Warrant To Take Physical Custody Of Child
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of...
- Texas Section 152.312 - Costs, Fees, And Expenses
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs,...
- Texas Section 152.313 - Recognition And Enforcement
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces...
- Texas Section 152.314 - Appeals
An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases....
- Texas Section 152.315 - Role Of Prosecutor Or Public Official
(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other...
- Texas Section 152.316 - Role Of Law Enforcement
At the request of a prosecutor or other appropriate public official acting under Section 152.315, a law enforcement officer may take any lawful action reasonably...
- Texas Section 152.317 - Costs And Expenses
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or...
Last modified: September 28, 2016