Sec. 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 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.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Cited in
51
cases (
12 in the last 5 years), 2002–2026 · leading case:
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App. 2002).
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App. 2002).
· cites it 9× “The Court further finds that this court has invoked temporary emergency jurisdiction over the parties and subject matter of this suit under the authority of Texas Family Code § 152.204.... The Court further finds that this Court is a more appropriate forum to consider the child…”
In re Salminen, 492 S.W.3d 31 (Tex. App. 2016).
· cites it 4× “” Tex. Fam. Code Ann. § 152.204 (a) (West Supp.”
In re Milton, 420 S.W.3d 245 (Tex. App. 2013).
· cites it 3× “” See Tex. Fam.Code Ann. § 152.204(a) (Vernon 2008); Garza v.”
In re S.J., 522 S.W.3d 576 (Tex. App. 2017).
· cites it 5× “See Tex. Fam. Code § 152.204(a). On January 20, 2017, Mother filed a petition for writ of mandamus asking this court to compel the trial court to vacate its Emergency Jurisdiction Order, arguing that no evidence supports the trial court’s jurisdictional finding.”
In Re Presley, 166 S.W.3d 866 (Tex. App. 2005).
· cites it 2× “See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
In Re Kerst, 237 S.W.3d 441 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
In Re the Marriage of Lai, 333 S.W.3d 645 (Tex. App. 2009).
“Tex. Fam. Code Ann. § 152.204 (a). The exercise of *650 jurisdiction under section 152.”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
· cites it 7× “See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
In the Interest of A.C.S., 157 S.W.3d 9 (Tex. App. 2004).
“Tex. Fam. Code Ann. § 152.204 (a) (Vernon 2002) (Texas court may exercise “temporary emergency jurisdiction” over a child who has been abandoned in the state or if a child, sibling, or parent “is subjected to or threatened with mistreatment or abuse”).”
— Tex. Fam. Code § 152.204(a) — 24 cases
In re Milton, 420 S.W.3d 245 (Tex. App. 2013).
“” See Tex. Fam.Code Ann. § 152.204(a) (Vernon 2008); Garza v.”
In re S.J., 522 S.W.3d 576 (Tex. App. 2017).
“See Tex. Fam. Code § 152.204(a). On January 20, 2017, Mother filed a petition for writ of mandamus asking this court to compel the trial court to vacate its Emergency Jurisdiction Order, arguing that no evidence supports the trial court’s jurisdictional finding.”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
“See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
— Tex. Fam. Code § 152.204(b) — 3 cases
— Tex. Fam. Code § 152.204(c) — 8 cases
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App. 2002).
“The Court further finds that this court has invoked temporary emergency jurisdiction over the parties and subject matter of this suit under the authority of Texas Family Code § 152.204.... The Court further finds that this Court is a more appropriate forum to consider the child…”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
“See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
— Tex. Fam. Code § 152.204(d) — 7 cases
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App. 2002).
“The Court further finds that this court has invoked temporary emergency jurisdiction over the parties and subject matter of this suit under the authority of Texas Family Code § 152.204.... The Court further finds that this Court is a more appropriate forum to consider the child…”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
“See Tex. Fam.Code Ann. § 152.204 (Vernon 2002).”
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