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 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
Texas Codes

Tex. Fam. Code § 161.202 (2026)

Preferential Setting

✓ current as of May 2026
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Sec. 161.202. PREFERENTIAL SETTING. In a termination suit, after a hearing, the court shall grant a motion for a preferential setting for a final hearing on the merits filed by a party to the suit or by the amicus attorney or attorney ad litem for the child and shall give precedence to that hearing over other civil cases if:

(1) termination would make the child eligible for adoption; and

(2) discovery has been completed or sufficient time has elapsed since the filing of the suit for the completion of all necessary and reasonable discovery if diligently pursued.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 133, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 19, eff. September 1, 2005.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1999–2021 · leading case: L. C. & S. B.-N. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2021).
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L. C. & S. B.-N. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2021). “401, 7 Department may refile suit asserting same grounds for termination as originally alleged but cannot maintain temporary custody of children without alleging new facts to support termination); see also Tex. Fam. Code § 161.202 (allowing trial court to grant preferential…”
In the Interest of J.S., 425 S.W.3d 335 (Tex. App. 2011). “, Tex. Fam.Code Ann. § 161.202 (West 2008) (authorizing preferential trial settings for termination cases that would make child eligible for adoption or in which discovery has been completed or sufficient time for discovery has elapsed if diligently pursued); id.”
Carmen Leon v. Texas Dep't of Prot. & Regulatory Servs. (Tex. App. 1999). “" Tex. Fam. Code Ann. §§ 161.202 , .2011(a), .”
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