FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 101. DEFINITIONS
§ 101.001. APPLICABILITY OF
DEFINITIONS. (a) Definitions in this subchapter apply to this
title.
(b) If, in another part of this title, a term defined by this
chapter has a meaning different from the meaning provided by this
chapter, the meaning of that other provision prevails.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.0010. ACKNOWLEDGED FATHER. "Acknowledged father"
means a man who has established a father-child relationship under
Chapter 160.
Added by Acts 2001, 77th Leg., ch. 821, § 2.04, eff. June 14,
2001.
§ 101.0011. ADMINISTRATIVE WRIT OF
WITHHOLDING. "Administrative writ of withholding" means the
document issued by the Title IV-D agency and delivered to an
employer directing that earnings be withheld for payment of child
support as provided by Chapter 158.
Added by Acts 1997, 75th Leg., ch. 911, § 5, eff. Sept. 1, 1997.
§ 101.0015. ALLEGED FATHER. (a) "Alleged father"
means a man who alleges himself to be, or is alleged to be, the
genetic father or a possible genetic father of a child, but whose
paternity has not been determined.
(b) The term does not include:
(1) a presumed father;
(2) a man whose parental rights have been terminated
or declared to not exist; or
(3) a male donor.
Added by Acts 2001, 77th Leg., ch. 821, § 2.04, eff. June 14,
2001.
§ 101.002. AUTHORIZED AGENCY. "Authorized agency"
means a public social agency authorized to care for children,
including the Texas Department of Protective and Regulatory
Services.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.0021. BUREAU OF VITAL STATISTICS. "Bureau of
vital statistics" means the bureau of vital statistics of the Texas
Department of Health.
Added by Acts 1999, 76th Leg., ch. 556, § 1, eff. Sept. 1, 1999.
§ 101.003. CHILD OR MINOR; ADULT. (a) "Child" or
"minor" means a person under 18 years of age who is not and has not
been married or who has not had the disabilities of minority removed
for general purposes.
(b) In the context of child support, "child" includes a
person over 18 years of age for whom a person may be obligated to pay
child support.
(c) "Adult" means a person who is not a child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.004. CHILD SUPPORT AGENCY. "Child support
agency" means:
(1) the Title IV-D agency;
(2) a county or district attorney or any other county
officer or county agency that executes a cooperative agreement with
the Title IV-D agency to provide child support services under Part D
of Title IV of the federal Social Security Act (42 U.S.C. Section
651 et seq.) and Chapter 231; or
(3) a domestic relations office.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.005. CHILD SUPPORT REVIEW OFFICER. "Child
support review officer" means an individual designated and trained
by a child support agency to conduct reviews under this title.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 341, § 2.01, eff. Sept. 1,
1995.
§ 101.006. CHILD SUPPORT SERVICES. "Child support
services" means administrative or court actions to:
(1) establish paternity;
(2) establish, modify, or enforce child support or
medical support obligations;
(3) locate absent parents; or
(4) cooperate with other states in these actions and
any other action authorized or required under Part D of Title IV of
the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
Chapter 231.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.007. CLEAR AND CONVINCING EVIDENCE. "Clear and
convincing evidence" means the measure or degree of proof that will
produce in the mind of the trier of fact a firm belief or conviction
as to the truth of the allegations sought to be established.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.008. COURT. "Court" means the district court,
juvenile court having the same jurisdiction as a district court, or
other court expressly given jurisdiction of a suit affecting the
parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.009. DANGER TO PHYSICAL HEALTH OR SAFETY OF
CHILD. "Danger to the physical health or safety of a child"
includes exposure of the child to loss or injury that jeopardizes
the physical health or safety of the child without regard to whether
there has been an actual prior injury to the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.010. DISPOSABLE EARNINGS. "Disposable earnings"
means the part of the earnings of an individual remaining after the
deduction from those earnings of any amount required by law to be
withheld, union dues, nondiscretionary retirement contributions,
and medical, hospitalization, and disability insurance coverage
for the obligor and the obligor's children.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.011. EARNINGS. "Earnings" means a payment to or
due an individual, regardless of source and how denominated. The
term includes a periodic or lump-sum payment for:
(1) wages, salary, compensation received as an
independent contractor, overtime pay, severance pay, commission,
bonus, and interest income;
(2) payments made under a pension, an annuity,
workers' compensation, and a disability or retirement program; and
(3) unemployment benefits.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 911, § 1, eff. Sept. 1,
1997.
§ 101.012. EMPLOYER. "Employer" means a person,
corporation, partnership, workers' compensation insurance carrier,
governmental entity, the United States, or any other entity that
pays or owes earnings to an individual. The term includes, for the
purposes of enrolling dependents in a group health insurance plan,
a union, trade association, or other similar organization.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 341, § 4.02, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 911, § 2, eff. Sept. 1, 1997.
§ 101.0125. FAMILY VIOLENCE. "Family violence" has the
meaning assigned by Section 71.004.
Added by Acts 1999, 76th Leg., ch. 787, § 1, eff. Sept. 1, 1999.
§ 101.013. FILED. "Filed" means officially filed with
the clerk of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.014. GOVERNMENTAL ENTITY. "Governmental entity"
means the state, a political subdivision of the state, or an agency
of the state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.015. HEALTH INSURANCE. "Health insurance" means
insurance coverage that provides basic health care services,
including usual physician services, office visits,
hospitalization, and laboratory, X-ray, and emergency services,
that may be provided through a health maintenance organization or
other private or public organization, other than medical assistance
under Chapter 32, Human Resources Code.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 1023, § 1, eff. Sept. 1,
2001.
§ 101.016. JOINT MANAGING CONSERVATORSHIP. "Joint
managing conservatorship" means the sharing of the rights and
duties of a parent by two parties, ordinarily the parents, even if
the exclusive right to make certain decisions may be awarded to one
party.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.0161. JUDICIAL WRIT OF WITHHOLDING. "Judicial
writ of withholding" means the document issued by the clerk of a
court and delivered to an employer directing that earnings be
withheld for payment of child support as provided by Chapter 158.
Added by Acts 1997, 75th Leg., ch. 911, § 5, eff. Sept. 1, 1997.
§ 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
child placing agency" means a person, private association, or
corporation approved by the Department of Protective and Regulatory
Services to place children for adoption through a license,
certification, or other means.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.018. LOCAL REGISTRY. "Local registry" means an
agency or entity operated under the authority of a district clerk,
county government, juvenile board, juvenile probation office,
domestic relations office, or other county agency or entity that
serves a county or a court that has jurisdiction under this title
and that:
(1) receives child support payments;
(2) maintains records of child support payments;
(3) distributes child support payments as required by
law; and
(4) maintains custody of official child support
payment records.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.019. MANAGING CONSERVATORSHIP. "Managing
conservatorship" means the relationship between a child and a
managing conservator appointed by court order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.020. MEDICAL SUPPORT. "Medical support" means
periodic payments or a lump-sum payment made under an order to cover
medical expenses, including health insurance coverage, incurred
for the benefit of a child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 911, § 3, eff. Sept. 1,
1997.
§ 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
WITHHOLDING. "Notice of application for judicial writ of
withholding" means the document delivered to an obligor and filed
with the court as required by Chapter 158 for the nonjudicial
determination of arrears and initiation of withholding.
Added by Acts 1997, 75th Leg., ch. 911, § 5, eff. Sept. 1, 1997.
§ 101.021. OBLIGEE. "Obligee" means a person or entity
entitled to receive payments of child support, including an agency
of this state or of another jurisdiction to which a person has
assigned the person's right to support.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 556, § 1, eff. Sept. 1,
1999.
§ 101.022. OBLIGOR. "Obligor" means a person required
to make payments under the terms of a support order for a child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.023. ORDER. "Order" means a final order unless
identified as a temporary order or the context clearly requires a
different meaning. The term includes a decree and a judgment.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.024. PARENT. "Parent" means the mother, a man
presumed to be the father, a man legally determined to be the
father, a man who has been adjudicated to be the father by a court of
competent jurisdiction, a man who has acknowledged his paternity
under applicable law, or an adoptive mother or father. The term
does not include a parent as to whom the parent-child relationship
has been terminated.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 556, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 821, § 2.05, eff. June 14, 2001.
§ 101.025. PARENT-CHILD RELATIONSHIP. "Parent-child
relationship" means the legal relationship between a child and the
child's parents as provided by Chapter 160. The term includes the
mother and child relationship and the father and child
relationship.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 821, § 2.06, eff. June 14,
2001.
§ 101.026. RENDER. "Render" means the pronouncement by
a judge of the court's ruling on a matter. The pronouncement may be
made orally in the presence of the court reporter or in writing,
including on the court's docket sheet or by a separate written
instrument.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.027. PARENT LOCATOR SERVICE. "Parent locator
service" means the service established under 42 U.S.C. Section 653.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.028. SCHOOL. "School" means a primary or
secondary school in which a child is enrolled or, if the child is
not enrolled in a primary or secondary school, the public school
district in which the child primarily resides.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.029. STANDARD POSSESSION ORDER. "Standard
possession order" means an order that provides a parent with rights
of possession of a child in accordance with the terms and conditions
of Subchapter F, Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.030. STATE. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
or a territory or insular possession subject to the jurisdiction of
the United States. The term includes an Indian tribe and a foreign
jurisdiction that has established procedures for rendition and
enforcement of an order that are substantially similar to the
procedures of this title.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.0301. STATE CASE REGISTRY. "State case registry"
means the registry established and operated by the Title IV-D
agency under 42 U.S.C. Section 654a that has responsibility for
maintaining records with respect to child support orders in all
Title IV-D cases and in all other cases in which a support order is
rendered or modified under this title on or after October 1, 1998.
Added by Acts 1997, 75th Leg., ch. 911, § 5, eff. Sept. 1, 1997.
§ 101.0302. STATE DISBURSEMENT UNIT. "State
disbursement unit" means the unit established and operated by the
Title IV-D agency under 42 U.S.C. Section 654b that has
responsibility for receiving, distributing, maintaining, and
furnishing child support payments and records on or after October
1, 1999.
Added by Acts 1999, 76th Leg., ch. 556, § 1, eff. Sept. 1, 1999.
§ 101.031. SUIT. "Suit" means a suit affecting the
parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.032. SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP. (a) "Suit affecting the parent-child
relationship" means a suit filed as provided by this title in which
the appointment of a managing conservator or a possessory
conservator, access to or support of a child, or establishment or
termination of the parent-child relationship is requested.
(b) The following are not suits affecting the parent-child
relationship:
(1) a habeas corpus proceeding under Chapter 157;
(2) a proceeding filed under Chapter 159 to determine
parentage or to establish, enforce, or modify child support,
whether this state is acting as the initiating or responding state;
and
(3) a proceeding under Title 2.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.033. TITLE IV-D AGENCY. "Title IV-D agency" means
the state agency designated under Chapter 231 to provide services
under Part D of Title IV of the federal Social Security Act (42
U.S.C. Section 651 et seq.).
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 101.034. TITLE IV-D CASE. "Title IV-D case" means an
action in which services are provided by the Title IV-D agency under
Part D, Title IV, of the federal Social Security Act (42 U.S.C.
Section 651 et seq.), relating to the location of an absent parent,
determination of parentage, or establishment, modification, or
enforcement of a child support or medical support obligation.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 911, § 4, eff. Sept. 1,
1997.
§ 101.035. TRIBUNAL. "Tribunal" means a court,
administrative agency, or quasi-judicial entity of a state
authorized to establish, enforce, or modify support orders or to
determine parentage.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
