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 § 155.104 (2026)

Voidable Order

✓ current as of May 2026
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Sec. 155.104. VOIDABLE ORDER. (a) If a request for information from the vital statistics unit relating to the identity of the court having continuing, exclusive jurisdiction of the child has been made under this subchapter, a final order, except an order of dismissal, may not be rendered until the information is filed with the court.

(b) If a final order is rendered in the absence of the filing of the information from the vital statistics unit, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive jurisdiction.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 46, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.053, eff. April 2, 2015.

SUBCHAPTER C. TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION


Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2013–2023 · leading case: Jones v. Texas Dep't of Fam. & Prot. Servs., 400 S.W.3d 173 (Tex. App. 2013).
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Jones v. Texas Dep't of Fam. & Prot. Servs., 400 S.W.3d 173 (Tex. App. 2013). · cites it 2× “Petitioner contends that this is a void or voidable order under Texas Family Code § 155.104. Thus, Jones’s pleadings did not seek to modify or set aside the Williamson County order; rather, she took the position that that order simply had no effect.”
In the Interest of J.I.M., 516 S.W.3d 674 (Tex. App. 2017). “” Tex. Fam. Code Ann. § 155.104 (West Supp.”
Evelyn Jones v. Texas Dep't of Fam. & Prot. Servs., Cardell Jeffrey A/K/A Cardell Jeffery, Michael Pine & Kerry Jeffrey A/K/A Kerry Raymond (Tex. App. 2013). · cites it 2× “Petitioner contends that this is a void or voidable order under Texas Family Code § 155.104. Thus, Jones’s pleadings did not seek to modify or set aside the Williamson County order; rather, she took the position that that order simply had no effect.”
in the Interest of M.L.G.J., T.M.J., T.L.W.Jr., M.A.J., T.P.R.J., B.W.D. III, M.R.J., L.C.J., Child. (Tex. App. 2015). · cites it 2× “104(b) explains the consequences of non-compliance: “If a final order is rendered in the absence of the filing of the information from the bureau of vital statistics, the order is voidable on a showing that a court other than the court that rendered the order had continuing,…”
in the Interest of B. U. H., J. R. H., R. W. H., & P. L. H. (Tex. App. 2020). “See TEX. FAM. CODE ANN. § 155.104(b) (“If a final order is rendered in the absence of the filing of the information from the vital statistics unit, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive jurisdiction.”
in Re Jaclyn Louise Papenfuss (Tex. App. 2022). “Tex. Fam. Code § 155.104(b).” Id. at 520.”
In the Interest of T.K. Jr. v. the State of Texas (Tex. App. 2023). “Tex. Fam. Code § 155.104(b).” In re D.S., 602 S.”
In THE INTEREST OF D.S., a CHILD v. the State of Texas (Tex. 2020). “TEX. FAM. CODE § 155.104(b). Yet a judgment rendered 3 without subject matter jurisdiction is void and thus subject to collateral attack.”
S. C. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2013). “See Tex. Fam. Code Ann. § 155.104 (b) (“If a final order is rendered in the absence of the filing of the information from the bureau of vital statistics, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive…”
S. C. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2013). “See Tex. Fam. Code Ann. § 155.104 (b) ("If a final order is rendered in the absence of the filing of the information from the bureau of vital statistics, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive…”
in the Interest of J.B., D.B., B.B., & J.G.B., Minor Child. (Tex. App. 2013). “” TEX. FAM. CODE ANN. § 155.104(b) (West 2008).”
— Tex. Fam. Code § 155.104(b) — 7 cases
Jones v. Texas Dep't of Fam. & Prot. Servs., 400 S.W.3d 173 (Tex. App. 2013). “Petitioner contends that this is a void or voidable order under Texas Family Code § 155.104. Thus, Jones’s pleadings did not seek to modify or set aside the Williamson County order; rather, she took the position that that order simply had no effect.”
in the Interest of B. U. H., J. R. H., R. W. H., & P. L. H. (Tex. App. 2020). “See TEX. FAM. CODE ANN. § 155.104(b) (“If a final order is rendered in the absence of the filing of the information from the vital statistics unit, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive jurisdiction.”
in Re Jaclyn Louise Papenfuss (Tex. App. 2022). “Tex. Fam. Code § 155.104(b).” Id. at 520.”
In the Interest of T.K. Jr. v. the State of Texas (Tex. App. 2023). “Tex. Fam. Code § 155.104(b).” In re D.S., 602 S.”
In THE INTEREST OF D.S., a CHILD v. the State of Texas (Tex. 2020). “TEX. FAM. CODE § 155.104(b). Yet a judgment rendered 3 without subject matter jurisdiction is void and thus subject to collateral attack.”
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