Title FA, Family Code

Sec. 34.005. DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT. (a) If both parents did not sign the authorization agreement, not later than the 10th day after the date the authorization agreement is executed the parties shall mail to the parent who was not a party to the authorizatio…

Sec. 34.006. AUTHORIZATION VOIDABLE. An authorization agreement is voidable by a party if the other party knowingly: (1) obtained the authorization agreement by fraud, duress, or misrepresentation; or (2) made a false statement on the authorization agreement. Added by Acts 2009, …

Sec. 34.007. EFFECT OF AUTHORIZATION AGREEMENT. (a) A person who is not a party to the authorization agreement who relies in good faith on an authorization agreement under this chapter, without actual knowledge that the authorization agreement is void, revoked, or invalid, is not…

Sec. 34.0075. TERM OF AUTHORIZATION AGREEMENT. An authorization agreement executed under this chapter is for a term of six months from the date the parties enter into the agreement and renews automatically for six-month terms unless: (1) an earlier expiration date is stated in th…

Sec. 34.008. TERMINATION OF AUTHORIZATION AGREEMENT. (a) Except as provided by Subsection (b), an authorization agreement under this chapter terminates if, after the execution of the authorization agreement, a court enters an order: (1) affecting the parent-child relationship; (2…

Sec. 34.009. PENALTY. (a) A person commits an offense if the person knowingly: (1) presents a document that is not a valid authorization agreement as a valid authorization agreement under this chapter; (2) makes a false statement on an authorization agreement; or (3) obtains an a…

Sec. 35.001. APPLICABILITY. This chapter applies to a person whose relationship to a child would make the person eligible to consent to treatment under Section 32.001 or eligible to enter an authorization agreement under Section 34.001. Added by Acts 2017, 85th Leg., R.S., Ch. 33…

Sec. 35.002. TEMPORARY AUTHORIZATION. A person described by Section 35.001 may seek a court order for temporary authorization for care of a child by filing a petition in the district court in the county in which the person resides if: (1) the child has resided with the person for…

Sec. 35.003. PETITION FOR TEMPORARY AUTHORIZATION FOR CARE OF CHILD. (a) A petition for temporary authorization for care of a child must: (1) be styled "ex parte" and be in the name of the child; (2) be verified by the petitioner; (3) state: (A) the name, date of birth, and curre…

Sec. 35.004. NOTICE; HEARING. (a) On receipt of the petition, the court shall set a hearing. (b) A copy of the petition and notice of the hearing shall be delivered to the parent, conservator, or guardian of the child by personal service or by certified mail, return receipt reque…

Sec. 35.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At the hearing on the petition, the court may hear evidence relating to the child's need for care by the petitioner, any other matter raised in the petition, and any objection or other testimony of the child's parent, conservato…

Sec. 35.006. RENEWAL OR TERMINATION OF TEMPORARY AUTHORIZATION. (a) A temporary authorization order may be renewed by court order for a period of not more than one year on a showing by the petitioner of a continuing need for the order. (b) At any time, the petitioner or the child…

Sec. 35.007. EFFECT OF TEMPORARY AUTHORIZATION. (a) A person who relies in good faith on a temporary authorization order under this chapter is not subject to: (1) civil or criminal liability to any person; or (2) professional disciplinary action. (b) A temporary authorization ord…

Sec. 35A.001. APPLICABILITY. This chapter applies to a person whose relationship to a child would make the person eligible to consent to treatment under Section 32.001(a)(1), (2), or (3), and who has had actual care, custody, and control of the child for the six months preceding …

Sec. 35A.002. TEMPORARY AUTHORIZATION. A person described by Section 35A.001 may seek a court order for temporary authorization to consent to voluntary inpatient mental health services for a child by filing a petition in the district court in the county in which the person reside…

Sec. 35A.003. PETITION FOR TEMPORARY AUTHORIZATION. A petition for temporary authorization to consent to voluntary inpatient mental health services for a child must: (1) be styled "ex parte" and be in the name of the child; (2) be verified by the petitioner; (3) state: (A) the na…

Sec. 35A.004. NOTICE; HEARING. (a) On receipt of the petition, the court shall set a hearing. (b) A copy of the petition and notice of the hearing shall be delivered to the parent, conservator, or guardian of the child by personal service or by certified mail, return receipt requ…

Sec. 35A.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At the hearing on the petition, the court may hear evidence relating to the child's need for inpatient mental health services by the petitioner, any other matter raised in the petition, and any objection or other testimony of t…

Sec. 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of …

Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus reasonable and necessary attorney's fees, court costs, and expenses. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1,…

Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL. (a) Notwithstanding Section 41.002, recovery of damages by an inn or hotel for wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus reasonable and necessary attorney's…

Sec. 41.003. VENUE. A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 42.001. DEFINITIONS. In this chapter: (1) "Order" means a temporary or final order of a court of this state or another state or nation. (2) "Possessory right" means a court-ordered right of possession of or access to a child, including conservatorship, custody, and visitatio…

Sec. 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person. (b) A possessory right …

Sec. 42.003. AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who aids or assists in conduct for which a cause of action is authorized by this chapter is jointly and severally liable for damages. (b) A person who was not a party to the suit in which an order w…

Sec. 42.005. VENUE. A suit may be filed in a county in which: (1) the plaintiff resides; (2) the defendant resides; (3) a suit affecting the parent-child relationship as provided by Chapter 102 may be brought, concerning the child who is the subject of the court order; or (4) a c…

Sec. 42.006. DAMAGES. (a) Damages may include: (1) reasonable and necessary attorney's fees, court costs, and expenses incurred in: (A) locating a child who is the subject of the order; (B) recovering possession of the child if the petitioner is entitled to possession; and (C) en…

Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 437, S…

Sec. 42.008. REMEDIES NOT AFFECTED. This chapter does not affect any other civil or criminal remedy available to any person, including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit file…

Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as provided by this chapter is entitled to recover reasonable and necessary attorney's fees, court costs, and expenses if: (1) the claim for damages is dismissed or judgment is awarded to the defendant; and (2) the court or j…

Sec. 45.001. WHO MAY FILE; VENUE. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 45.002. REQUIREMENTS OF PETITION. (a) A petition to change the name of a child must be verified and include: (1) the present name and place of residence of the child; (2) the reason a change of name is requested; (3) the full name requested for the child; (4) whether the chi…

Sec. 45.003. CITATION. (a) The following persons are entitled to citation in a suit under this subchapter: (1) a parent of the child whose parental rights have not been terminated; (2) any managing conservator of the child; and (3) any guardian of the child. (b) Citation must be …

Sec. 45.0031. WAIVER OF CITATION. (a) A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the file…

Sec. 45.004. ORDER. (a) The court may order the name of a child changed if: (1) the change is in the best interest of the child; and (2) for a child subject to the registration requirements of Chapter 62, Code of Criminal Procedure: (A) the change is in the interest of the public…

Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of name does not: (1) release a child from any liability incurred in the child's previous name; or (2) defeat any right the child had in the child's previous name. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April…

Sec. 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 45.102. REQUIREMENTS OF PETITION. (a) A petition to change the name of an adult must be verified and include: (1) the present name and place of residence of the petitioner; (2) the full name requested for the petitioner; (3) the reason the change in name is requested; (4) wh…

Sec. 45.103. ORDER. (a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or…

Sec. 45.104. LIABILITIES AND RIGHTS UNAFFECTED. A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name. Amended by Acts 1995, 74th Leg., ch. 20, Sec. …

Sec. 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states…

Sec. 45.106. CHANGE OF NAME CERTIFICATE. (a) A person whose name is changed under Section 6.706 or 45.105 may apply to the clerk of the court ordering the name change for a change of name certificate. (b) A certificate under this section is a one-page document that includes: (1) …

Sec. 45.107. WAIVER OF CITATION. (a) A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed…

Sec. 47.001. APPLICABILITY OF DEFINITIONS. (a) Except as provided by Subsection (b), the definitions in Chapter 101 apply to terms used in this title. (b) If a term defined in this title has a meaning different from the meaning provided by Chapter 101, the meaning provided by thi…

Sec. 47.002. APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS. Chapter 107 applies to the appointment of an attorney ad litem, guardian ad litem, or amicus attorney under this title. Added by Acts 2015, 84th Leg., R.S., Ch. 612 (S.B. …

Sec. 47.003. USE OF DIGITIZED SIGNATURE. (a) A digitized signature on an original petition or application under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties of signatories to pleadings, motions, a…