Texas Family Code § 42.009

Frivolous Suit

Civil Liability for Interference with Possessory Interest in Child

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 jury finds that the claim for damages is frivolous, unreasonable, or without foundation.

Official text of the Texas Family Code as published by the Texas Legislative Council.

Legislative history

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

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 16, eff. September 1, 2025.