Tex. Fam. Code § 152.204 · Subchapter C. JURISDICTION
TEMPORARY EMERGENCY JURISDICTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 152.201 through 152.203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 152.201 through 152.203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 152.201 through 152.203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under Sections 152.201 through 152.203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 152.201 through 152.203, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.152.htm
- Text hash
- sha256 c14e7d60242738acb3c18bc6618cb170912f2c9349fe4b3a55c091da15badeae
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 7 provisions
Provisions in this library whose text cites Tex. Fam. Code § 152.204. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 152.201INITIAL CHILD CUSTODY JURISDICTION.Printed as Section 152.204
- Tex. Fam. Code § 152.202EXCLUSIVE CONTINUING JURISDICTION.Printed as Section 152.204
- Tex. Fam. Code § 152.203JURISDICTION TO MODIFY DETERMINATION.Printed as Section 152.204
- Tex. Fam. Code § 152.206SIMULTANEOUS PROCEEDINGS.Printed as Section 152.204
- Tex. Fam. Code § 152.208JURISDICTION DECLINED BY REASON OF CONDUCT.Printed as Section 152.204
- Tex. Fam. Code § 152.310HEARING AND ORDER.Printed as Section 152.204
- Tex. Fam. Code § 152.314ACCELERATED APPEALS.Printed as Section 152.204
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.