{"data":{"id":"us-tx/tex.-family-code-157.376","jurisdiction":"us-tx","citation":"Tex. Family Code § 157.376","heading":"NO EXISTING ORDER.","body":"(a) If the right to possession of a child is not governed by an order, the court in a habeas corpus proceeding involving the right of possession of the child:\n(1) shall compel return of the child to the parent if the right of possession is between a parent and a nonparent and a suit affecting the parent-child relationship has not been filed; or\n(2) may either compel return of the child or 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.\n(b) The court may not use a habeas corpus proceeding to adjudicate the right of possession of a child between two parents or between two or more nonparents.\nAdded by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.","path":["FAMILY CODE","TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP","SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP","CHAPTER 157. ENFORCEMENT","SUBCHAPTER H. HABEAS CORPUS"],"source_url":"https://statutes.capitol.texas.gov/Docs/FA/htm/FA.157.htm#157.376","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:10Z","sha256":"9162ca6176dccae6997d40416ec6c511979298347966726fe67973527057f47c","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-family-code-157.375","next":"us-tx/tex.-family-code-157.421"},"notice":"GroundRules: Original legal text. Not legal advice."}