APPENDIX
Definitions (Texas Family Code, Sec. 152.102)
Case law: Powell vs. Stover, 165 S.W.3d 322 (Tex. 2005)
In Re Amy Burk, 252 S.W. 3d 736 (Tex. App. [14th] – Hou. 2008,
original proceeding (mandamus denied)
In Re Brilliant, 86 S.W.3d 680 (Tex. App. – El Paso 2002, no pet.)
Initial Child Custody Jurisdiction (Tex. Fam. Code, Sec. 152.201)
1. Checklist: Does Texas have jurisdiction to make an initial
child custody determination? ---------------------------------------- Page 3
2. Case law: Int. of S.J.A., 272 S.W.3d 678 (Tex. App. – Dallas 2008, no pet)
In Re Barnes, 127 S.W. 3d 843 (Tex. App. – San Antonio 2003,
(no pet.)
Ruffier v. Ruffier, 190 S.W.3d 884 (Tex. App. – El Paso 2006,
(no pet.)
Exclusive Continuing Jurisdiction (Tex. Fam. Code, Sec. 152.202)
1. Checklist: Does Texas still have exclusive continuing jurisdiction?—Page 4
2. Case law: In Re Forlenza, 140 S.W. 3d 373 (Tex. 2004)
Jurisdiction to Modify Determination (Tex. Fam. Code, Sec. 152.203)
1. Checklist: Can Texas modify an out of state order? ---------------------- Page 5
2. Case law: Saavedra v. Schmidt, 96 S.W. 3d 533(Tex. App. – Austin 2002,
(no pet.)
Temporary Emergency Jurisdiction (Tex. Fam. Code, Sec. 152.204)
1. Case law: Saavedra v. Schmidt, 96 S.W. 3d 533(Tex. App. – Austin 2002,
(no pet.)
Simultaneous Proceedings (Tex. Fam. Code, Sec. 152.206 and 152.307)
1. Case law: In Re Presley, 166 S.W. 3d 866(Tex. App. – Beaumont 2005,
Original proceeding)
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Inconvenient Forum (Tex. Fam. Code, Sec. 152.207)
1. Checklist: Is Texas an inconvenient forum?-------------------- Page 6
2. Case law: Hart v. Kozik, 242 S.W.3d 102 (Tex. App. – Eastland 2007,
no pet.)
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App. – El Paso 2005,
no pet.)
In Re McCoy, 52 S.W.3d 297 (Tex. App. – Corpus Christi 2001,
Original proceeding [leave denied]).
Jurisdiction Declined by Reason of Conduct
1. Case law: In Re Lewin, 149 S.W.3d 727 (Tex. App. – Austin 2004, no pet.)
Int. of S.L.P., 123 S.W.3d 685 (Tex. App. – Fort Worth 2003,
no pet.)
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CHECKLIST
DOES TEXAS HAVE JURISDICTION TO MAKE
AN INITIAL CHILD CUSTODY DETERMINATION?
Please check all that apply:
___ 1. Texas was the home state of the child on the date of the commencement of the
proceeding
___ 2.Texas was the home state of the child within 6 months before commencement of
the proceeding and the child is absent from Texas but a parent or person acting as a
parent lives in Texas
___ 3.No other state has jurisdiction
___ 4.The home state has declined jurisdiction on the ground that Texas is a more
appropriate forum, and
___(a). The child and the child’s parents or the child and at least one parent have
a significant connection with Texas and
___(b). Substantial evidence is available in Texas
If you have checked 1, 2, or 3, Texas has jurisdiction to make an initial custody
determination.
If you have checked number 4, 4a and 4b, Texas has jurisdiction to make an initial
custody determination.
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CHECKLIST
DOES TEXAS STILL HAVE EXCLUSIVE CONTINUING
JURISDICTION?
Check all that apply:
___1. The child or the child and one parent have a significant connection with Texas and
___a. Substantial evidence concerning the child is available in Texas
___2. Neither the child nor the child’s parents nor any person acting as the parent live in
Texas.
If you checked 1 and 1a., Texas continues to have exclusive jurisdiction.
If you checked 2, Texas no longer has exclusive continuing jurisdiction.
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CHECKLIST
CAN TEXAS MODIFY AN OUT OF STATE ORDER?
If there are proceedings filed in Texas and in another state, it will be necessary for
the Texas Judge to confer with the out of state judge regarding jurisdiction before
making a decision on modification. If there are no simultaneous proceedings, the
Texas court should consider the following:
Please check all that apply:
___1. Texas is the home state of the child on the date of commencement of the
proceeding.
___2. Texas was the home state of the child within 6 months before commencement, the
child is absent from the state and a parent lives in Texas.
___3. No other state has jurisdiction.
___4. A court of the home state has declined jurisdiction and
___(a) The child and the child’s parents or the child and at least one parent have a
significant connection with Texas other than mere presence; and
___(b) There is substantial evidence available in Texas regarding the child’s care,
protection, training, and personal relationships.
___5. Another state which has jurisdiction has declined to exercise jurisdiction because
Texas is a more appropriate forum.
___6. The child, the child’s parents, and any person acting as the parent do not presently
reside in the other state.
If you have checked numbers 1,2 or 3 and either 5 or 6, Texas has jurisdiction to modify
the out of state order. If you have checked numbers 4, 4(a) and 4(b) and either 5 or 6,
Texas has jurisdiction to modify the out of state order.
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CHECKLIST
IS TEXAS AN INCONVENIENT FORUM?
The decision whether Texas is an inconvenient forum will usually be made after a
conference with the judge from the other state. The following includes factors that a
judge may wish to discuss with the judge from the other state during the conference. It is
not an exhaustive list.
Please check number 1 if appropriate:
___1. Texas has jurisdiction to make a child custody determination.
If you have checked number 1, please continue. Those factors that may be considered in
making your decision whether Texas is an inconvenient forum include:
___2. Domestic violence has occurred in Texas
___3. The child has resided outside Texas for ___ days/months/years.
___4. The distance between the Texas court and the court in the other state is substantial
and it would be an undue burden for the party to travel to Texas.
___5. The financial circumstances of a party are such that it would be an undue burden
for the party to travel to Texas and conduct litigation.
___6. The parties have agreed as to which state should have jurisdiction.
___7. The other state is the location of the evidence required to resolve pending litigation
___8. If the child is required to give testimony, the other state is the best state for that to
happen.
___9. The other state can hear the matter more expeditiously than the Texas court.
___10. The other state court is more familiar with the facts and issues of the pending
litigation.
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