Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP. (a) The petition in a suit for dissolution of a marriage shall state whether there are children born or adopted of the marriage who are under 18 years of age or who are otherwise entitled to support as provided by Chapter 154.
(a-1) If the parties to a suit for dissolution of a marriage are the intended parents under a gestational agreement that is in effect and that establishes a parent-child relationship between the parties as intended parents and an unborn child on the birth of the child, the petition in the suit for dissolution of a marriage shall state:
(1) that the parties to the marriage have entered into a gestational agreement establishing a parent-child relationship between the parties as intended parents and an unborn child on the birth of the child;
(2) whether the gestational mother under the agreement is pregnant or a child who is the subject of the agreement has been born; and
(3) whether the agreement has been validated under Section 160.756.
(b) If the parties are parents of a child, as defined by Section 101.003, and the child is not under the continuing jurisdiction of another court as provided by Chapter 155, the suit for dissolution of a marriage must include a suit affecting the parent-child relationship under Title 5.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 130 (H.B. 1689), Sec. 1, eff. September 1, 2019.
Notes of Decisions
Cited in
32
cases (
4 in the last 5 years), 1998–2024 · leading case:
Phillips v. Phillips, 75 S.W.3d 564 (Tex. App. 2002).
Phillips v. Phillips, 75 S.W.3d 564 (Tex. App. 2002).
· cites it 2× “See Tex. Fam.Code Ann. §§ 6.406, 6.407 (Vernon 1998); Brown v.”
Ramsey v. Ramsey, 19 S.W.3d 548 (Tex. App. 2000).
· cites it 3× “007, 601 (West 1988); Tex. Fam.Code Ann. § 6.406 (West 1998). Because the judgment recites a valid basis for jurisdiction and appears regular on its face, it is not void and may not be collaterally attacked.”
Temple v. Archambo, 161 S.W.3d 217 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 6.406(b) (Vernon 1998); Morales, 968 S.”
in the Matter of the Marriage of Isis Spencer Butts & Rickey Sharnard Butts, 444 S.W.3d 147 (Tex. App. 2014).
“Further, Rickey argues that omission of the parenting plan leaves major and essential issues of the divorce wholly unresolved, citing Texas Family Code section 6.406 (providing that a suit for dissolution of a marriage must include a suit affecting the parent-child relationship).”
In Re the Marriage of Stein, 190 S.W.3d 73 (Tex. App. 2005).
“See also Tex. Fam. Code Ann. § 6.406 . Addressing Jackie’s issues in a logical rather than sequential order, we first consider issue two by which she contends the trial court erred when it rendered its order on the appointment of sole and pos-sessory conservators after she had…”
Giron v. Gonzalez, 247 S.W.3d 302 (Tex. App. 2007).
“See Tex.Fam.Code Ann. § 6.406(b); Diaz v. Diaz, 126 S.”
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“5 See Tex. Fam.Code Ann. § 6.406(b) (Vernon 2006); Brown, 917 S.”
Diaz v. Diaz, 126 S.W.3d 705 (Tex. App. 2004).
“See Tex. Fam.Code Ann. § 6.406(b) (Vernon 1998); see also In re S.”
Latrenda S. Coleman v. Ivan Duane Coleman, Jr. (Tex. App. 2022).
· cites it 2× “Tex. Fam. Code Ann. § 6.406 . The SAPCR petition “must include,” among other things, (1) “a statement that[] the court in which the petition [was] filed has continuing, exclusive jurisdiction or that no court has continuing jurisdiction of the suit” and (2) “a statement…”
— Tex. Fam. Code § 6.406(a) — 2 cases
— Tex. Fam. Code § 6.406(b) — 12 cases
Temple v. Archambo, 161 S.W.3d 217 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 6.406(b) (Vernon 1998); Morales, 968 S.”
Giron v. Gonzalez, 247 S.W.3d 302 (Tex. App. 2007).
“See Tex.Fam.Code Ann. § 6.406(b); Diaz v. Diaz, 126 S.”
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“5 See Tex. Fam.Code Ann. § 6.406(b) (Vernon 2006); Brown, 917 S.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.