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Tex. Fam. Code § 157.372

RETURN OF CHILD

Applied in 9 court decisions — leading case in the Interest of P.D.M. and K.E.M. (2003)

Most recently applied in in Re Jacob Ledesma Guerrero, Relator (June 2014)

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff

How often courts cite this section

199720002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Subject to Chapter 152 and the Parental Kidnapping Prevention Act (28 U.S.C. Section 1738A), if the right to possession of a child is governed by a court order, the court in a habeas corpus proceeding involving the right to possession of the child shall compel return of the child to the relator only if the court finds that the relator is entitled to possession under the order.

(b) If the court finds that the previous order was granted by a court that did not give the contestants reasonable notice of the proceeding and an opportunity to be heard, the court may not render an order in the habeas corpus proceeding compelling return of the child on the basis of that order.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.