Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Texas Codes

Tex. Fam. Code § 152.102 (2026)

Definitions

✓ current as of May 2026
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Sec. 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 18 years of age.

(3) "Child custody determination" means a judgment, decree, or other order of a court providing for legal custody, physical custody, or visitation with respect to a child. The term includes permanent, temporary, initial, and modification orders. The term does not include an order relating to child support or another monetary obligation of an individual.

(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subchapter D.

(5) "Commencement" means the filing of the first pleading in a proceeding.

(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence of a parent or a person acting as a parent is part of the period.

(8) "Initial determination" means the first child custody determination concerning a particular child.

(9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.

(10) "Issuing state" means the state in which a child custody determination is made.

(11) "Legal custody" means the managing conservatorship of a child.

(12) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(13) "Person acting as a parent" means a person, other than a parent, who:

(A) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

(B) has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14) "Physical custody" means the physical care and supervision of a child.

(15) "Tribe" means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.

(16) "Visitation" means the possession of or access to a child.

(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 154 cases (24 in the last 5 years), 2000–2026 · leading case: Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008).
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Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008). · cites it 7× “” Tex. Fam. Code Ann. § 152.102 (7). Simultaneous proceedings are addressed in section 152.”
In Re Oates, 104 S.W.3d 571 (Tex. App. 2003). · cites it 4× “” Tex. Fam.Code Ann. § 152.102(13). Since the grandparents never had physical custody for six months, they never achieved the status of “persons acting as a parent.”
In Re Tieri, 283 S.W.3d 889 (Tex. App. 2008). · cites it 8× “Tex. Fam.Code Ann. § 152.102(3); see also N.”
Jeanna Nicole Arnold v. Matthew Price, 365 S.W.3d 455 (Tex. App. 2011). · cites it 5× “3d at 315 ; see also Tex. Fam.Code Ann. § 152.102(2) (defining a “child” as “an individual who has not attained 18 years of age”); Tex.”
In Re the Marriage Marsalis, 338 S.W.3d 131 (Tex. App. 2011). · cites it 6× “102(4) of the Texas Family Code. TEX. FAM.CODE ANN. § 152.”
In the Interest of C.R.-A.A., 521 S.W.3d 893 (Tex. App. 2017). · cites it 3× “(citing Tex. Fam. Code Ann. § 152.102 ). We find Berwick instructive.”
Berwick v. Wagner, 336 S.W.3d 805 (Tex. App. 2011). · cites it 3× “*811 Tex. Fam.Code Ann. § 152.102 (Vernon 2008) (emphasis added).”
in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018). “, Uniform Child Custody Jurisdiction and Enforcement Act, TEX. FAM. CODE § 152.102(11), (14) (differentiating between "legal custody"-defined as "the managing conservatorship of a child"-and "physical custody"-defined as "the physical care and supervision of a child"); TEX.”
In re Dean, 393 S.W.3d 741 (Tex. 2012). · cites it 2× “§ 40-10A-102(7); Tex. Fam.Code § 152.102(7). Section 152.201(a) of the Texas Family Code codified section 201(a) of the Act.”
In Re Brown, 203 S.W.3d 888 (Tex. App. 2006). · cites it 3× “This evidence demonstrated that Texas has never been Kodi’s home state; there is no evidence that Kodi lived in Texas with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of these proceedings.”
in the Interest of T.B. & A.B., Child., 497 S.W.3d 640 (Tex. App. 2016). · cites it 2× “Tex. Fam. Code Ann. § 152.102 (4) (West 2014).”
In re Walker, 428 S.W.3d 212 (Tex. App. 2014). · cites it 4× “See Tex. Fam. Code Ann. § 152.102 (7); Powell, 165 S.”
Show all 154 citing cases →
— Tex. Fam. Code § 152.102(1) — 1 case
Doe v. Mayorkas (D.D.C. 2022).
— Tex. Fam. Code § 152.102(11) — 2 cases
in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018). “, Uniform Child Custody Jurisdiction and Enforcement Act, TEX. FAM. CODE § 152.102(11), (14) (differentiating between "legal custody"-defined as "the managing conservatorship of a child"-and "physical custody"-defined as "the physical care and supervision of a child"); TEX.”
in the Interest of H.S., a Minor Child (Tex. 2018).
— Tex. Fam. Code § 152.102(13) — 4 cases
In Re Oates, 104 S.W.3d 571 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 152.102(13). Since the grandparents never had physical custody for six months, they never achieved the status of “persons acting as a parent.”
Ruffier v. Ruffier, 190 S.W.3d 884 (Tex. App. 2006).
In the Interest of S.J.A., 272 S.W.3d 678 (Tex. App. 2008).
In Re Sja, 272 S.W.3d 678 (Tex. App. 2008).
— Tex. Fam. Code § 152.102(16) — 1 case
Garcia v. State, 172 S.W.3d 270 (Tex. App. 2005).
— Tex. Fam. Code § 152.102(2) — 6 cases
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008). “” Tex. Fam. Code Ann. § 152.102 (7). Simultaneous proceedings are addressed in section 152.”
Berwick v. Wagner, 336 S.W.3d 805 (Tex. App. 2011). “*811 Tex. Fam.Code Ann. § 152.102 (Vernon 2008) (emphasis added).”
Jeanna Nicole Arnold v. Matthew Price, 365 S.W.3d 455 (Tex. App. 2011). “3d at 315 ; see also Tex. Fam.Code Ann. § 152.102(2) (defining a “child” as “an individual who has not attained 18 years of age”); Tex.”
in the Interest of E.A.C., a Child v. . (Tex. App. 2023).
in the Interest of J.W.T., Adult Disabled Child (Tex. App. 2019).
— Tex. Fam. Code § 152.102(3) — 18 cases
In Re Oates, 104 S.W.3d 571 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 152.102(13). Since the grandparents never had physical custody for six months, they never achieved the status of “persons acting as a parent.”
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008). “” Tex. Fam. Code Ann. § 152.102 (7). Simultaneous proceedings are addressed in section 152.”
In Re Tieri, 283 S.W.3d 889 (Tex. App. 2008). “Tex. Fam.Code Ann. § 152.102(3); see also N.”
in Re Edith Garcia-Macklin Isquierdo, 426 S.W.3d 128 (Tex. App. 2012).
Maria Guadalupe Sosa Razo v. Hector Cuevas Vargas, 355 S.W.3d 866 (Tex. App. 2011).
— Tex. Fam. Code § 152.102(4) — 15 cases
in the Matter of the Marriage of G.S. & A.G., 555 S.W.3d 301 (Tex. App. 2018).
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008). “” Tex. Fam. Code Ann. § 152.102 (7). Simultaneous proceedings are addressed in section 152.”
In Re the Marriage Marsalis, 338 S.W.3d 131 (Tex. App. 2011). “102(4) of the Texas Family Code. TEX. FAM.CODE ANN. § 152.”
In Re Calderon-Garza, 81 S.W.3d 899 (Tex. App. 2002).
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App. 2005).
— Tex. Fam. Code § 152.102(5) — 8 cases
In Re Oates, 104 S.W.3d 571 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 152.102(13). Since the grandparents never had physical custody for six months, they never achieved the status of “persons acting as a parent.”
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008). “” Tex. Fam. Code Ann. § 152.102 (7). Simultaneous proceedings are addressed in section 152.”
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App. 2002).
In the Interest of B.A.B., 124 S.W.3d 417 (Tex. App. 2004).
In Re Bab, 124 S.W.3d 417 (Tex. App. 2004).
— Tex. Fam. Code § 152.102(7) — 70 cases
Jeanna Nicole Arnold v. Matthew Price, 365 S.W.3d 455 (Tex. App. 2011). “3d at 315 ; see also Tex. Fam.Code Ann. § 152.102(2) (defining a “child” as “an individual who has not attained 18 years of age”); Tex.”
In Re Tieri, 283 S.W.3d 889 (Tex. App. 2008). “Tex. Fam.Code Ann. § 152.102(3); see also N.”
In re Dean, 393 S.W.3d 741 (Tex. 2012). “§ 40-10A-102(7); Tex. Fam.Code § 152.102(7). Section 152.201(a) of the Texas Family Code codified section 201(a) of the Act.”
In Re Brown, 203 S.W.3d 888 (Tex. App. 2006). “This evidence demonstrated that Texas has never been Kodi’s home state; there is no evidence that Kodi lived in Texas with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of these proceedings.”
In Re the Marriage Marsalis, 338 S.W.3d 131 (Tex. App. 2011). “102(4) of the Texas Family Code. TEX. FAM.CODE ANN. § 152.”
— Tex. Fam. Code § 152.102(8) — 7 cases
In Re McCoy, 52 S.W.3d 297 (Tex. App. 2001).
In Re Tieri, 283 S.W.3d 889 (Tex. App. 2008). “Tex. Fam.Code Ann. § 152.102(3); see also N.”
in the Interest of S.A.H., a Child, 465 S.W.3d 662 (Tex. App. 2014).
Michael Lesem v. Liane Mouradian, 445 S.W.3d 366 (Tex. App. 2013).
in the Interest of C.A.P., Jr. & M.M.P., Child., 233 S.W.3d 896 (Tex. App. 2007).
— Tex. Fam. Code § 152.102(a)(7) — 1 case
in Re Jasmine Elliot (Tex. App. 2022).
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