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 155. CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER
Texas Codes

Tex. Fam. Code § 155.102 (2026)

Dismissal

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Sec. 155.102. DISMISSAL. If a court in which a suit is filed determines that another court has continuing, exclusive jurisdiction of the child, the court in which the suit is filed shall dismiss the suit without prejudice.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2012–2023 · leading case: in the Interest of A.S.C.H., a Child, 380 S.W.3d 346 (Tex. App.—Dallas 2012).
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in the Interest of A.S.C.H., a Child, 380 S.W.3d 346 (Tex. App.—Dallas 2012). · cites it 2× “See Tex. Fam.Code Ann. § 155.102 (West 2008) (dismissal without prejudice where another court has continuing exclusive jurisdiction).”
In the Interest of A.W., a Child v. the State of Texas, No. 02-22-00272-CV, 2023 WL 4630630 (Tex. App.—Fort Worth July 20, 2023). · cites it 3× “See Tex. Fam. Code Ann. § 155.102 . The Parker County Court denied the motion.”
in the Interest of Zachary Cardiff Sisk, an Adult Disabled Child, No. 14-13-00785-CV (Tex. App.—Houston [14th Dist.] Nov. 7, 2014). · cites it 2× “165a (authorizing dismissal for want of prosecution); Tex. Family Code Ann. § 155.102 (Vernon 2014) (requiring dismissal if the court determines that another court has “continuing, exclusive jurisdiction” of the child that is the subject of the suit); In re D.”
in the Interest of J.P. & A. P., Child., 598 S.W.3d 789 (Tex. App.—Fort Worth 2020). “” Tex. Fam. Code Ann. § 155.102 . As we will discuss, although a Michigan court had exclusive, continuing jurisdiction when the Department filed its petition and when Mother filed her motion, that court waived its jurisdiction under the UCCJEA.”
Bradley B. Miller v. Andrea Plumlee, No. 05-22-00090-CV (Tex. App.—Dallas June 13, 2023). “2 See TEX. FAM. CODE § 155.102. We affirm the trial court’s judgment.”
Jonathan Barnes v. Texas Dep't of Fam. & Prot. Servs., No. 03-11-00439-CV (Tex. App.—Austin June 1, 2012). “See Tex. Fam. Code Ann. § 155.102 (West 2008).”
Jonathan Barnes v. Texas Dep't of Fam. & Prot. Servs., No. 03-11-00439-CV (Tex. App.—Austin June 1, 2012). “See Tex. Fam. Code Ann. § 155.102 (West 2008).”
In re Bret Foreman, No. 05-13-01618-CV (Tex. App.—Dallas Jan. 9, 2014). “003(a) (West 2008) (except as otherwise provided, court with continuing, exclusive jurisdiction may modify orders regarding conservatorship, possession, access to and support of child); TEX. FAM. CODE ANN. § 155.102 (West 2008) (if another court has continuing, exclusive…”
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