Texas Codes

Tex. Fam. Code § 263.401 (2026)

Dismissal After One Year; New Trials; Extension

✓ current as of May 2026

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Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; EXTENSION. (a) Unless the court has commenced the trial on the merits or granted an extension under Subsection (b) or (b-1), on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator, the court's jurisdiction over the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child is terminated and the suit is automatically dismissed without a court order. Not later than the 60th day before the day the suit is automatically dismissed, the court shall notify all parties to the suit of the automatic dismissal date.

(b) Unless the court has commenced the trial on the merits, the court may not retain the suit on the court's docket after the time described by Subsection (a) unless the court finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court's docket for a period not to exceed 180 days after the time described by Subsection (a). If the court retains the suit on the court's docket, the court shall render an order in which the court:

(1) schedules the new date on which the suit will be automatically dismissed if the trial on the merits has not commenced, which date must be not later than the 180th day after the time described by Subsection (a);

(2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and

(3) sets the trial on the merits on a date not later than the date specified under Subdivision (1).

(b-1) If, after commencement of the initial trial on the merits within the time required by Subsection (a) or (b), the court grants a motion for a new trial or mistrial, or the case is remanded to the court by an appellate court following an appeal of the court's final order, the court shall retain the suit on the court's docket and render an order in which the court:

(1) schedules a new date on which the suit will be automatically dismissed if the new trial has not commenced, which must be a date not later than the 180th day after the date on which:

(A) the motion for a new trial or mistrial is granted; or

(B) the appellate court remanded the case;

(2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and

(3) sets the new trial on the merits for a date not later than the date specified under Subdivision (1).

(b-2) When considering under Subsection (b) whether to find that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department for a case in which the court orders a parent to complete a substance abuse treatment program, the court shall consider whether the parent made a good faith effort to successfully complete the program.

(b-3) A court shall find under Subsection (b) that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department if:

(1) a parent of a child has made a good faith effort to successfully complete the service plan but needs additional time; and

(2) on completion of the service plan the court intends to order the child returned to the parent.

(c) If the court grants an extension under Subsection (b) or (b-1) but does not commence the trial on the merits before the dismissal date, the court's jurisdiction over the suit is terminated and the suit is automatically dismissed without a court order. The court may not grant an additional extension that extends the suit beyond the required date for dismissal under Subsection (b) or (b-1), as applicable.

Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 8, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 5, eff. June 15, 2007.

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 38, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 27, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 12, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 783 (H.B. 1780), Sec. 1, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 9, eff. September 1, 2021.

Notes of Decisions

Cited in 576 cases (195 in the last 5 years), 1998–2026 · leading case: In Re Walker, 265 S.W.3d 545 (Tex. App. 2008).

Sort: Relevance Newest Treatment

In Re Walker, 265 S.W.3d 545 (Tex. App. 2008). · cites it 43× “Laws 621 , 636 [referred to herein as FORMER TEX. FAM.CODE ANN. § 263.401] (amended 2007) (current version at TEX.”

In Re Dep't of Fam. & Prot. Servs., 273 S.W.3d 637 (Tex. 2009). · cites it 8× “See TEX. FAM.CODE § 263.401(a). [1] A bench trial took place on June 28, 2007 and July 10, 2007.”

In Re Ruiz, 16 S.W.3d 921 (Tex. App. 2000). · cites it 16× “Tex. Fam. Code Ann. § 263.401 (a). *927 "Justice demands a speedy resolution of child custody and child support issues.”

In Re Texas Dep't of Fam. & Prot. Servs., 210 S.W.3d 609 (Tex. 2006). · cites it 4× “" TEX. FAM.CODE § 263.401(a). Nothing in the statute excludes the Department's fourteen-day conservatorship obtained through the ex parte order from the calculation of the dismissal deadline in section 263.”

In Re Bishop, 8 S.W.3d 412 (Tex. App. 1999). · cites it 9× “401 or the 180th day after the date the child is moved under this subsection, whichever date is later.”

in the Interest of A.J.M. & E.A.M., Child., 375 S.W.3d 599 (Tex. App. 2012). · cites it 5× “See Tex. Fam. Code Ann. § 263.401 (a). Section 263.”

in the Interest of M.N.G., 147 S.W.3d 521 (Tex. App. 2004). · cites it 12× “The motion alleges as grounds for dismissal the failure of DFPS to comply with the procedural requirements of Texas Family Code section 263.401. Tex. Fam.”

In the Interest of B.L.D., 113 S.W.3d 340 (Tex. 2003). · cites it 2× “See Tex. Fam. Code § 263.401 (providing that a trial court must dismiss a case within one year, but permitting one 180-day extension).”

in the Interest of M.T.R., a Child v. Texas Dep't of Fam. & Prot. Servs., 579 S.W.3d 548 (Tex. App. 2019). · cites it 4× “3268 , 3283 (amended 2017; current version at Tex. Fam. Code Ann. § 263.401 (a), (b)). In plain English: with certain exceptions, the deadline to begin a termination trial is the Monday after one year after the trial court appointed the Department as the child’s temporary…”

In the Interest of J.W.M., 153 S.W.3d 541 (Tex. App. 2004). · cites it 5× “In her first issue, appellant contends the trial court committed reversible error when it rendered an order of termination beyond the time allowed by Texas Family Code Section 263.401. 1 The Family Code limits the length of time a suit affecting the parent-child relationship, in…”

In Re Collom & Carney Clinic Ass'n, 62 S.W.3d 924 (Tex. App. 2001). · cites it 4× “In determining whether the remedy by ordinary appeal was legally adequate, the court noted that the Legislature had enacted TEX. FAM.CODE ANN. § 263.401 (Vernon Supp.”

In re R.J., 579 S.W.3d 97 (Tex. App. 2019). · cites it 2× “3268 , 3283 (amended 2017; current version at TEX. FAM. CODE § 263.401(a) ). 6 The trial court signed a temporary order, appointing the Department as temporary managing conservator, on February 11, 2016.”

Show all 576 citing cases →

— Tex. Fam. Code § 263.401(a) — 220 cases

In Re Dep't of Fam. & Prot. Servs., 273 S.W.3d 637 (Tex. 2009). “See TEX. FAM.CODE § 263.401(a). [1] A bench trial took place on June 28, 2007 and July 10, 2007.”

In Re Bishop, 8 S.W.3d 412 (Tex. App. 1999). “401 or the 180th day after the date the child is moved under this subsection, whichever date is later.”

In Re Ruiz, 16 S.W.3d 921 (Tex. App. 2000). “Tex. Fam. Code Ann. § 263.401 (a). *927 "Justice demands a speedy resolution of child custody and child support issues.”

In re R.J., 579 S.W.3d 97 (Tex. App. 2019). “3268 , 3283 (amended 2017; current version at TEX. FAM. CODE § 263.401(a) ). 6 The trial court signed a temporary order, appointing the Department as temporary managing conservator, on February 11, 2016.”

In Re Texas Dep't of Fam. & Prot. Servs., 210 S.W.3d 609 (Tex. 2006). “" TEX. FAM.CODE § 263.401(a). Nothing in the statute excludes the Department's fourteen-day conservatorship obtained through the ex parte order from the calculation of the dismissal deadline in section 263.”

— Tex. Fam. Code § 263.401(b) — 132 cases

In Re Dep't of Fam. & Prot. Servs., 273 S.W.3d 637 (Tex. 2009). “See TEX. FAM.CODE § 263.401(a). [1] A bench trial took place on June 28, 2007 and July 10, 2007.”

In Re Walker, 265 S.W.3d 545 (Tex. App. 2008). “Laws 621 , 636 [referred to herein as FORMER TEX. FAM.CODE ANN. § 263.401] (amended 2007) (current version at TEX.”

In the Interest of P.r.w., a Child, 493 S.W.3d 738 (Tex. App. 2016).

in the Interest of O.R.F., a Child, 417 S.W.3d 24 (Tex. App. 2013).

— Tex. Fam. Code § 263.401(b)(1) — 6 cases

in the Interest of T.W., a Child, 557 S.W.3d 841 (Tex. App. 2018).

In the Interest of D.w., a Child, 498 S.W.3d 100 (Tex. App. 2016).

In Re Neal, 4 S.W.3d 443 (Tex. App. 1999).

Duran v. Texas Dep't of Prot. & Regulatory Servs., 281 S.W.3d 9 (Tex. App. 2005).

in the Interest of F.S., M.S., & A.S. (Tex. App. 2022).

— Tex. Fam. Code § 263.401(b)(3) — 1 case

in the Interest of A. J. K., 116 S.W.3d 165 (Tex. App. 2003).

— Tex. Fam. Code § 263.401(c) — 22 cases

In the Interest of J.W.M., 153 S.W.3d 541 (Tex. App. 2004). “In her first issue, appellant contends the trial court committed reversible error when it rendered an order of termination beyond the time allowed by Texas Family Code Section 263.401. 1 The Family Code limits the length of time a suit affecting the parent-child relationship, in…”

In Re Bishop, 8 S.W.3d 412 (Tex. App. 1999). “401 or the 180th day after the date the child is moved under this subsection, whichever date is later.”

In Re Neal, 4 S.W.3d 443 (Tex. App. 1999).

in the Interest of B.W., B.M., F.A., & S.A., Minor Child., 99 S.W.3d 757 (Tex. App. 2003).

In the Interest of D.D.M., 116 S.W.3d 224 (Tex. App. 2003).

— Tex. Fam. Code § 263.401(d) — 15 cases

In Re Ruiz, 16 S.W.3d 921 (Tex. App. 2000). “Tex. Fam. Code Ann. § 263.401 (a). *927 "Justice demands a speedy resolution of child custody and child support issues.”

in the Interest of A.B., R.B., T.B., C.R. & D.M., Child., 125 S.W.3d 769 (Tex. App. 2003).

In Re Walker, 265 S.W.3d 545 (Tex. App. 2008). “Laws 621 , 636 [referred to herein as FORMER TEX. FAM.CODE ANN. § 263.401] (amended 2007) (current version at TEX.”

in the Interest of M.N.G., 147 S.W.3d 521 (Tex. App. 2004). “The motion alleges as grounds for dismissal the failure of DFPS to comply with the procedural requirements of Texas Family Code section 263.401. Tex. Fam.”

in the Interest of A. J. K., 116 S.W.3d 165 (Tex. App. 2003).

— Tex. Fam. Code § 263.401(d)(1) — 2 cases

In Re Mng, 147 S.W.3d 521 (Tex. App. 2004).

— Tex. Fam. Code § 263.401(d)(2) — 2 cases

in the Interest of A. J. K., 116 S.W.3d 165 (Tex. App. 2003).

In Re Ajk, 116 S.W.3d 165 (Tex. App. 2003).

— Tex. Fam. Code § 263.401(d)(3) — 6 cases

Colbert v. Dep't of Fam. & Prot. Servs., 227 S.W.3d 799 (Tex. App. 2007).

In the Interest of C.M., a Child, 208 S.W.3d 89 (Tex. App. 2006).

In the Interest of D.B. & E.A.B., Child., 153 S.W.3d 575 (Tex. App. 2004).

in the Interest Of: C.S., P.S. & A.S., 132 S.W.3d 499 (Tex. App. 2004).

In Re Db, 153 S.W.3d 575 (Tex. App. 2004).

— Tex. Fam. Code § 263.401(d)(4) — 3 cases

In Re Ruiz, 16 S.W.3d 921 (Tex. App. 2000). “Tex. Fam. Code Ann. § 263.401 (a). *927 "Justice demands a speedy resolution of child custody and child support issues.”

in the Interest of C.V.G. A/K/A C.V.S. A/K/A C.V.S., 112 S.W.3d 180 (Tex. App. 2003).

In Re Cvg, 112 S.W.3d 180 (Tex. App. 2003).

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