Legal Statutes: Texas
UPDATED October 16, 2012
- Texas Statutes and Codes (select sections)
- Civil Practice and Remedies Code (select sections)
- Title 6. Miscellaneous Provisions
- Chapter 129. Age of Majority
- Title 6. Miscellaneous Provisions
- Family Code (select sections)
- Title 1. The Marriage Relationship
- Subtitle C. Dissolution of Marriage
- Chapter 6. Suit for Dissolution of Marriage
- Subchapter A. Grounds for Divorce and Defenses
- Subchapter D. Jurisdiction, Venue, and Residence Qualifications
- Subchapter F. Temporary Orders
- Chapter 8. Maintenance
- Subchapter A. General Provisions
- Subchapter B. Court-Ordered Maintenance
- Chapter 6. Suit for Dissolution of Marriage
- Subtitle C. Dissolution of Marriage
- Title 4. Protective Orders and Family Violence
- Subtitle A. General Provision
- Subtitle B. Protective Orders
- Chapter 81. General Provision
- 81.001. Entitlement to Protective Order
- 81.002. No Fee for Applicant
- 81.003. Fees and Costs Paid by Party Found to Have Committed Family Violence
- 81.004. Contempt for Nonpayment of Fee
- 81.005. Attorney's Fees
- 81.006. Payment of Attorney's Fees
- 81.007. Prosecuting Attorney
- 81.0075. Representation by Prosecuting Attorney in Certain Subsequent Actions
- 81.008. Relief Cumulative
- 81.009. Appeal
- Chapter 82. Applying for Protective Order
- Subchapter A. Application for Protective Order
- 82.001. Application
- 82.002. Who May File Application
- 82.003. Venue
- 82.004. Contents of Application
- 82.005. Application Filed During Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
- 82.006. Application Filed After Dissolution of Marriage
- 82.007. Application Filed for Child Subject to Continuing Jurisdiction
- 82.008. Application Filed After Expiration of Former Protective Order
- 82.0085. Application Filed Before Expiration of Previously Rendered Protective Order
- 82.009. Application for Temporary ex Parte Order
- 82.010. Confidentiality of application
- Subchapter B. Pleadings By Respondent
- Subchapter C. Notice of Application For Protective Order
- Subchapter A. Application for Protective Order
- Chapter 83. Temporary Ex Parte Orders
- Chapter 84. Hearing
- Chapter 85. Issuance of Protective Order
- Subchapter A. Findings and Orders
- 85.001. Required Findings and Orders
- 85.002. Exception for Violation of Expired Protective Order
- 85.003. Separate Protective Orders Required
- 85.004. Protective Order in Suit for Dissolution of Marriage
- 85.005. Agreed Order
- 85.006. Default Order
- 85.007. Confidentiality of Certain Information
- 85.009. Order Valid Until Superseded
- Subchapter B. Contents of Protective Order
- Subchapter C. Delivery of Protective Order
- Subchapter D. Relationship Between Protective Order adn Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship
- 85.061. Dismissal of Application Prohibited; Subsequently Filed Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
- 85.062. Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending
- 85.063. Application Filed After Final Order Rendered in Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
- 85.064. Transfer of Protective Order
- 85.065. Effect of Transfer
- Subchapter A. Findings and Orders
- Chapter 86. Law Enforcement Duties Relating to Protective Orders
- 86.001. Adoption of Procedures by Law Enforcement Agency
- 86.0011. Duty to Enter Information into Statewide Law Enforcement Information System
- 86.002. Duty to Provide Information to Firearms Dealers
- 86.003. Court Order for Law Enforcement Assistance Under Temporary Order
- 86.004. Court Order for Law Enforcement Assistance Under Final Order
- 86.005. Protective Order From Another Jurisdiction
- Chapter 87. Modification of Protective Orders
- Chapter 88. Uniform Interstate Enforcement of Protective Orders
- Chapter 81. General Provision
- Subtitle C. Reporting Family Violence
- Chapter 91. Reporting Family Violence
- Chapter 92. Immunity
- Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
- Subtitle A. General Provisions
- Chapter 101. Definitions
- 101.0010. Acknowledged Father
- 101.0015. Alleged Father
- 101.002. Authorized Agency
- 101.0021. Bureau of Vital Statistics
- 101.003. Child or Minor; Adult
- 101.007. Clear and Convincing Evidence
- 101.009. Danger to Physical Health or Safety of Child
- 101.0125. Family Violence
- 101.0145. Guardian Ad Litem
- 101.016. Joint Managing Conservatorship
- 101.019. Managing Conservatorship
- 101.024. Parent
- 101.025. Parent-Child Relationship
- 101.029. Standard Possession Order
- Chapter 102. Filing Suit
- Chapter 103. Venue and Transfer of Original Proceedings
- Chapter 105. Settings, Hearings, and Orders
- Chapter 101. Definitions
- Subtitle B. Suits Affecting the Parent-Child Relationship
- Chapter 151. Rights and Duties in Parent-Child Relationship
- Chapter 152. Uniform Child Custody Jurisdiction and Enforcement Act
- Subchapter B. General Provisions
- 152.101. Short Title
- 152.102. Definitions
- 152.103. Proceedings Governed by Other Law
- 152.104. Application to Indian Tribes
- 152.105. International Application of Chapter
- 152.106. Effect of Child Custody Determination
- 152.107. Priority
- 152.108. Notice to Persons Outside State
- 152.109. Appearance and Limited Immunity
- 152.110. Communication Between Courts
- 152.111. Taking Testimony in Another State
- 152.112. Cooperation Between Courts; Preservation of Records
- Subchapter C. Jurisdiction
- 152.201. Initial Child Custody Jurisdiction
- 152.202. Exclusive Continuing Jurisdiction
- 152.203. Jurisdiction to Modify Determination
- 152.204. Temporary Emergency Jurisdiction
- 152.205. Notice; Opportunity to be Heard; Joinder
- 152.206. Simultaneous Proceedings
- 152.207. Inconvenient Forum
- 152.208. Jurisdiction Declined by Reason of Conduct
- 152.209. Information to be Submitted to Court
- 152.210. Appearance of Parties and Child
- Subchapter D. Enforcement
- 152.301. Definitions
- 152.302. Enforcement Under Hague Convention
- 152.303. Duty to Enforce
- 152.304. Temporary Visitation
- 152.305. Registration of Child Custody Determination
- 152.306. Enforcement of Registered Determination
- 152.307. Simultaneous Proceedings
- 152.308. Expedited Enforcement of Child Custody Determination
- 152.309. Service of Petition and Order
- 152.310. Hearing and Order
- 152.311. Warrant to Take Physical Custody of Child
- 152.312. Costs, Fees, and Expenses
- 152.313. Recognition and Enforcement
- 152.314. Appeals
- 152.315. Role of Prosecutor or Public Official
- 152.316. Role of Law Enforcement
- 152.317. Costs and Expenses
- Subchapter B. General Provisions
- Chapter 153. Conservatorship, Possession, and Access
- Subchapter A. General Provisions
- 153.001. Public Policy
- 153.002. Best Interest of Child
- 153.003. No Discrimination Based on Sex or Marital Status
- 153.004. History of Domestic Violence
- 153.005. Appointment of Sole or Joint Managing Conservator
- 153.006. Appointment of Possessory Conservator
- 153.007. Agreed Parenting Plan
- 153.0071. Alternate Dispute Resolution Procedures
- 153.009. Interview of Child in Chambers
- 153.010. Order for Family Counseling
- 153.011. Security Bond
- 153.012. Right to Privacy; Deletion of Personal Information in Records
- 153.013. False Report of Child Abuse
- 153.014. Visitation Centers and Visitation Exchange Facilities
- 153.015. Electronic Communication With Child by Conservator.
- Subchapter B. Parent Appointed as Conservator: In General
- 153.071. Court to Specify Rights and Duties of Parent Appointed a Conservator
- 153.072. Written Finding Required to Limit Parental Rights and Duties
- 153.073. Rights of Parent at All Times
- 153.074. Rights and Duties During Period of Possession
- 153.075. Duties of Parent Not Appointed Conservator
- 153.076. Duty to Provide Information
- Subchapter C. Parent Appointed as Sole or Joint Managing Conservator
- 153.131. Presumption That Parent to be Appointed Managing Conservator
- 153.132. Rights and Duties of Parent Appointed Sole Managing Conservator
- 153.133. Parenting Plan for Joint Managing Conservatorship
- 153.134. Court-Ordered Joint Conservatorship
- 153.135. Equal Possession Not Required
- 153.138. Child Support Order Affecting Joint Conservators
- Subchapter D. Parent Appointed as Possessory Conservator
- Subchapter E. Guidelines for the Possession of a Child by a Parent Names as Possessory Conservator
- 153.251. Policy and General Application of Guidelines
- 153.252. Rebuttable Presumption
- 153.253. Standard Possession Order Inappropriate or Unworkable
- 153.254. Child Less Than Three Years of Age
- 153.255. Agreement
- 153.256. Factors for Court to Consider
- 153.257. Means of Travel
- 153.258. Request for Findings When Order Varies From Standard Order
- Subchapter F. Standard Possession Order
- § 153.311. Mutual Agreement or Specified Terms for Possession
- § 153.312. Parents Who Reside 100 Miles or Less Apart
- § 153.313. Parents Who Reside Over 100 Miles Apart
- § 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart
- § 153.315. Weekend Possession Extended by Holiday
- § 153.316. General Terms and Conditions
- § 153.3161. § 153.3161. Repealed by Acts 2009, 81st Leg., ch. 727, § 6; Acts 2009, 81st Leg., ch. 1113, § 31, eff. Sept. 1, 2009
- § 153.317. Alternative Possession Times
- Subchapter G. Appointment of Nonparent as Conservator
- § 153.371. Rights and Duties of Nonparent Appointed as Sole Managing Conservator
- § 153.372. Nonparent Appointed as Joint Managing Conservator
- § 153.3721. Access to Certain Records by Nonparent Joint Managing Conservator
- § 153.373. Voluntary Surrender of Possession Rebuts Parental Presumption
- § 153.374. Designation of Managing Conservator in Affidavit of Relinquishment
- § 153.375. Annual Report by Nonparent Managing Conservator
- § 153.376. Rights and Duties of Nonparent Possessory Conservator
- § 153.377. Access to Child's Records
- Subchapter H. Rights of Grandparent, Aunt, or Uncle
- Subchapter I. Prevention of International Parental Child Abduction
- Subchapter J. Rights of Siblings
- Subchapter K. Parenting Plan and Parenting Coordinator
- § 153.601. Definitions
- § 153.602. Parenting Plan Not Required in Temporary Order
- § 153.603. Requirement of Parenting Plan in Final Order
- § 153.6031. Exception to Dispute Resolution Process Requirement
- § 153.605. Appointment of Parenting Coordinator
- § 153.606. Duties of Parenting Coordinator
- § 153.607. Removal of Parenting Coordinator
- § 153.608. Report of Parenting Coordinator
- § 153.609. Compensation of Parenting Coordinator
- § 153.610. Qualifications of Parenting Coordinator
- § 153.611. Exception for Certain Title IV-D Proceedings
- Subchapter A. General Provisions
- Chapter 154. Child Support
- Subchapter A. Court-Ordered Child Support
- Chapter 155. Continuing, Exclusive Jurisdiction; Transfer
- Subchapter C. Transfer of Continuing, Exclusive Jurisdiction
- Chapter 156. Modification
- Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence
- § 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access
- § 156.102. Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order
- § 156.104. Modification of Order on Conviction for Child Abuse; Penalty
- § 156.1045. Modification of Order on Conviction for Family Violence
- § 156.105. Modification of Order Based on Military Deployment
- Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence
- Chapter 160. Uniform Parentage Act
- Subchapter C. Parent-Child Relationship
- Subchapter D. Voluntary Acknowledgment of Paternity
- Subchapter F. Genetic Testing
- Subtitle A. General Provisions
- Title 1. The Marriage Relationship
- Penal Code (select sections)
- Title 1. Introductory Provisions
- Chapter 1. General Provisions
- Title 3. Punishments
- Chapter 12. Punishments
- Subchapter B. Ordinary Misdemeanor Punishments
- Subchapter C. Ordinary Felony Punishments
- Chapter 12. Punishments
- Title 5. Offenses Against the Person
- Chapter 20. Kidnapping and Unlawful Restraint
- Chapter 20A. Trafficking of Persons
- Chapter 21. Sexual Offenses
- Chapter 22 Assaultive Offenses
- Title 6. Offenses Against the Family
- Chapter 25. Offenses Against the Family
- Title 7. Offenses Against Property
- Chapter 30. Burglary and Criminal Trespass
- Chapter 33. Computer Crimes
- Title 9. Offenses Against Public Order and Decency
- Chapter 42. Disorderly Conduct and Related Offenses
- Chapter 43. Public Indecency
- Subchapter A. Prostitution
- Subchapter B. Obscenity
- Title 10. Offenses Against Public Health, Safety, and Morals
- Chapter 46. Weapons
- Title 1. Introductory Provisions
- Code of Criminal Procedure (select sections)
- Title 1. Code of Criminal Procedure of 1965
- After Commitment or Bail and Before the Trial
- Chapter Twenty-Seven. The Pleading in Criminal Actions
- Prevention and Suppression of Offenses
- Chapter 7A. Protective Order for Certain Victims of Trafficking or Sexual Assault or Stalking
- Arrest, Commitment and Bail
- Chapter Fourteen. Arrest Without Warrant
- Chapter Seventeen. Bail
- After Commitment or Bail and Before the Trial
- Title 1. Code of Criminal Procedure of 1965
- Civil Practice and Remedies Code (select sections)
Subchapter D. Enforcement
back to top152.310. 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 of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent 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 of a state 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.
(b) The court shall award the fees, costs, and expenses authorized under Section 152.312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
Added by Acts 1999, 76th Leg., ch. 34, § 1, eff. Sept. 1, 1999.