Sec. 152.206. SIMULTANEOUS PROCEEDINGS. (a) Except as otherwise provided in Section 152.204, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 152.207.
(b) Except as otherwise provided in Section 152.204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 152.209. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 2000–2025 · leading case:
In Re Brown, 203 S.W.3d 888 (Tex. App. 2006).
In Re Brown, 203 S.W.3d 888 (Tex. App. 2006).
· cites it 6× “7 See Tex. Fam.Code Ann. § 152.206; Powell, 165 S.”
In re Dean, 393 S.W.3d 741 (Tex. 2012).
· cites it 3× “Tex. Fam.Code § 152.206(b) (emphasis added); see also N.”
In Re the Marriage Marsalis, 338 S.W.3d 131 (Tex. App. 2011).
· cites it 6× “§ 13:1818; TEX. FAM.CODE ANN. § 152.206. Interestingly, however, there was likewise no evidence given that the Texas court did not have jurisdiction.”
In Re Presley, 166 S.W.3d 866 (Tex. App. 2005).
· cites it 6× “208 (Vernon 2002), or contact the Florida court, as required by Tex. Fam.Code Ann. § 152.206 (Vernon 2002).”
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008).
· cites it 2× “” See Tex. Fam. Code Ann. § 152.206 (a). Thus, we further conclude the simultaneous suit provision in section 152.”
Powell v. Stover, 165 S.W.3d 322 (Tex. 2005).
“Tex. Fam.Code § 152.206(b). Here, Tennessee’s exercise of jurisdiction is “substantially in accordance with [the UC-CJEA]” because Tennessee is D.”
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App. 2002).
“Tex.Fam.Code Ann. § 152.206(a)(a court of this state may not exercise its jurisdiction under the UC-CJEA if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state).”
Berwick v. Wagner, 336 S.W.3d 805 (Tex. App. 2011).
“Code § 3421 (West 2008); Tex. Fam.Code Ann. § 152.201 (Vernon 2008).”
Ellithorp v. Ellithorp, 575 S.E.2d 94 (W. Va. 2002).
· cites it 2× “Code § 48-20-206 (2001) (requiring court informed of earlier initiated child custody proceeding to stay its proceeding; communicate with other court; and dismiss its proceeding provided initial state has jurisdiction substantially in accordance with Uniform Child Custody…”
Filsinger v. Filsinger, 225 S.W.3d 29 (Tex. App. 2005).
· cites it 2× “Tex.Fam.Code Ann. § 152.206. A record was made of the discussion between the judges and their attorneys and it has been made part of the record on appeal.”
— Tex. Fam. Code § 152.206(a) — 9 cases
In Re Brown, 203 S.W.3d 888 (Tex. App. 2006).
“7 See Tex. Fam.Code Ann. § 152.206; Powell, 165 S.”
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008).
“” See Tex. Fam. Code Ann. § 152.206 (a). Thus, we further conclude the simultaneous suit provision in section 152.”
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App. 2002).
“Tex.Fam.Code Ann. § 152.206(a)(a court of this state may not exercise its jurisdiction under the UC-CJEA if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state).”
In Re Presley, 166 S.W.3d 866 (Tex. App. 2005).
“208 (Vernon 2002), or contact the Florida court, as required by Tex. Fam.Code Ann. § 152.206 (Vernon 2002).”
— Tex. Fam. Code § 152.206(b) — 8 cases
In re Dean, 393 S.W.3d 741 (Tex. 2012).
“Tex. Fam.Code § 152.206(b) (emphasis added); see also N.”
Powell v. Stover, 165 S.W.3d 322 (Tex. 2005).
“Tex. Fam.Code § 152.206(b). Here, Tennessee’s exercise of jurisdiction is “substantially in accordance with [the UC-CJEA]” because Tennessee is D.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.