Texas Family Code

§ 152.311 — WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD

FA § 152.311Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT · Art. D. ENFORCEMENT

Statute text

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(a)Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.

(b)If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by Section 152.308(b).

(c)A warrant to take physical custody of a child must:

(1)recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2)direct law enforcement officers to take physical custody of the child immediately;

(3)state the date for the hearing on the petition; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 92 (S.B. 1490), Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 92 (S.B. 1490), Sec. 4, eff. September 1, 2011.