Sec. 152.208. JURISDICTION DECLINED BY REASON OF CONDUCT. (a) Except as otherwise provided in Section 152.204 or other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under Sections 152.201 through 152.203 determines that this state is a more appropriate forum under Section 152.207; or
(3) no court of any other state would have jurisdiction under the criteria specified in Sections 152.201 through 152.203.
(b) If a court of this state declines to exercise its jurisdiction pursuant to Subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 152.201 through 152.203.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to Subsection (a), it shall assess against the party seeking to invoke its jurisdiction reasonable and necessary attorney's fees, court costs, and expenses including communication expenses, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 23, eff. September 1, 2025.
Notes of Decisions
Cited in
25
cases (
4 in the last 5 years), 2002–2026 · leading case:
Powell v. Stover, 165 S.W.3d 322 (Tex. 2005).
Powell v. Stover, 165 S.W.3d 322 (Tex. 2005).
“” Tex. Fam.Code § 152.208. Thus, for example, were a state to acquire home-state jurisdiction through a parent’s illegal or improper actions, the court could decline to exercise jurisdiction.”
In re Lewin, 149 S.W.3d 727 (Tex. App.—Austin 2004).
· cites it 2× “See Tex. Fam.Code Ann. § 152.208 (West 2002).”
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App.—Austin 2002).
“Tex. Fam.Code Ann. § 152.208 (“Except as otherwise provided in Section 152.”
In re Presley, 166 S.W.3d 866 (Tex. App.—Beaumont 2005).
· cites it 3× “Alternatively, Regina prays we direct the Texas court to refuse to exercise jurisdiction pursuant to Tex. Fam. Code Ann. § 152.208 (Vernon 2002), or contact the Florida court, as required by Tex.”
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App.—El Paso 2002).
“See Tex.Fam.Code Ann. § 152.208(a). Here, Kristen attempted to avoid jurisdiction in Texas by fleeing the state after being served with a restraining order.”
In re Brown, 203 S.W.3d 888 (Tex. App.—Fort Worth 2006).
“See Tex Fam.Code Ann. § 152.208(a). Keith went to Missouri and took the children from Georgina’s care the night before the Texas trial court’s hearing on June 29, 2006, and an Amber Alert was issued for the children that night; Keith arrived at the Texas courthouse on June 29…”
In re the Marriage of Lai, 333 S.W.3d 645 (Tex. App.—Dallas 2009).
“See Tex. Fam.Code Ann. § 152.208. Lai has not challenged section 152.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App.—El Paso 2005).
“” Tex. Fam. Code Ann. § 152.208 (a). Dickerson is the party seeking to invoke the jurisdiction of Texas courts.”
In re Meekins, 550 S.W.3d 729 (Tex. App.—Houston [1st Dist.] 2018).
“See Tex. Fam. Code Ann. § 152.208 (a) (West 2014) (providing that if Texas court has jurisdiction under UCCJEA because party invoking court's jurisdiction has engaged in "unjustifiable conduct," court generally shall decline to exercise its jurisdiction).”
Jumana M. Barabarawi v. Mahaer Abu Rayyan, 406 S.W.3d 767 (Tex. App.—Houston [14th Dist.] 2013).
“” See Tex. Fam.Code § 152.208. The drafters of this statute were concerned with parents who behaved reprehensibly for the purpose of establishing jurisdiction in a desired state.”
In the Interest of M.I.M., 370 S.W.3d 94 (Tex. App.—Dallas 2012).
“Tex. Fam.Code Ann. § 152.208 (West 2008) (emphasis added).”
Tex. Fam. Code § 152.208(a): 8 cases
In the Interest of Brilliant, 86 S.W.3d 680 (Tex. App.—El Paso 2002).
“See Tex.Fam.Code Ann. § 152.208(a). Here, Kristen attempted to avoid jurisdiction in Texas by fleeing the state after being served with a restraining order.”
In re Lewin, 149 S.W.3d 727 (Tex. App.—Austin 2004).
“See Tex. Fam.Code Ann. § 152.208 (West 2002).”
In re Brown, 203 S.W.3d 888 (Tex. App.—Fort Worth 2006).
“See Tex Fam.Code Ann. § 152.208(a). Keith went to Missouri and took the children from Georgina’s care the night before the Texas trial court’s hearing on June 29, 2006, and an Amber Alert was issued for the children that night; Keith arrived at the Texas courthouse on June 29…”
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