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

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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.—Dallas 2008).
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Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App.—Dallas 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.—El Paso 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.—Tyler 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.—Fort Worth 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.—Texarkana 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.—San Antonio 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.—Houston [1st Dist.] 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.—Fort Worth 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.—Fort Worth 2016). · cites it 2× “Tex. Fam. Code Ann. § 152.102 (4) (West 2014).”
In re Walker, 428 S.W.3d 212 (Tex. App.—Houston [1st Dist.] 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, 585 F. Supp. 3d 49 (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, No. 16-0715 (Tex. June 15, 2018).
Tex. Fam. Code § 152.102(13): 4 cases
In re Oates, 104 S.W.3d 571 (Tex. App.—El Paso 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.—El Paso 2006).
In the Interest of S.J.A., 272 S.W.3d 678 (Tex. App.—Dallas 2008).
In re Sja, 272 S.W.3d 678 (Tex. App.—Dallas 2008).
Tex. Fam. Code § 152.102(16): 1 case
Garcia v. State, 172 S.W.3d 270 (Tex. App.—El Paso 2005).
Tex. Fam. Code § 152.102(2): 6 cases
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App.—Dallas 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.—Houston [1st Dist.] 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.—Fort Worth 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. ., 665 S.W.3d 763 (Tex. App.—San Antonio 2023).
in the Interest of J.W.T., Adult Disabled Child, No. 10-17-00267-CV (Tex. App.—Waco May 22, 2019).
Tex. Fam. Code § 152.102(3): 18 cases
In re Oates, 104 S.W.3d 571 (Tex. App.—El Paso 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.—Dallas 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.—Tyler 2008). “Tex. Fam.Code Ann. § 152.102(3); see also N.”
In re Edith Garcia-Macklin Isquierdo, 426 S.W.3d 128 (Tex. App.—Houston [1st Dist.] 2012).
Maria Guadalupe Sosa Razo v. Hector Cuevas Vargas, 355 S.W.3d 866 (Tex. App.—Houston [1st Dist.] 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.—Dallas 2018).
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App.—Dallas 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.—Texarkana 2011). “102(4) of the Texas Family Code. TEX. FAM.CODE ANN. § 152.”
In re Calderon-Garza, 81 S.W.3d 899 (Tex. App.—El Paso 2002).
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App.—El Paso 2005).
Tex. Fam. Code § 152.102(5): 8 cases
In re Oates, 104 S.W.3d 571 (Tex. App.—El Paso 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.—Dallas 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.—El Paso 2002).
In the Interest of B.A.B., 124 S.W.3d 417 (Tex. App.—Dallas 2004).
In re Bab, 124 S.W.3d 417 (Tex. App.—Dallas 2004).
Tex. Fam. Code § 152.102(7): 70 cases
Jeanna Nicole Arnold v. Matthew Price, 365 S.W.3d 455 (Tex. App.—Fort Worth 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.—Tyler 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.—Fort Worth 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.—Texarkana 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.—Corpus Christi 2001).
In re Tieri, 283 S.W.3d 889 (Tex. App.—Tyler 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.—Houston [14th Dist.] 2014).
Michael Lesem v. Liane Mouradian, 445 S.W.3d 366 (Tex. App.—Houston [1st Dist.] 2013).
in the Interest of C.A.P., Jr. & M.M.P., Child., 233 S.W.3d 896 (Tex. App.—Fort Worth 2007).
Tex. Fam. Code § 152.102(a)(7): 1 case
In re Jasmine Elliot, No. 04-22-00552-CV (Tex. App.—San Antonio Nov. 30, 2022).
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