Texas Family Code

§ 157.373 — RELATOR RELINQUISHED POSSESSION; TEMPORARY ORDERS

FA § 157.373Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 157. ENFORCEMENT · Art. H. HABEAS CORPUS

Statute text

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(a)If the relator has by consent or acquiescence relinquished actual possession and control of the child for not less than 6 months preceding the date of the filing of the petition for the writ, the court may either compel or refuse to order return of the child.

(b)The court may disregard brief periods of possession and control by the relator during the 6-month period.

(c)In a suit in which the court does not compel return of the child, the court may issue temporary orders under Chapter 105 if a suit affecting the parent-child relationship is pending and the parties have received notice of a hearing on temporary orders set for the same time as the habeas corpus proceeding.

Legislative history

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