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Texas Family Code - FAM § 261.108. Frivolous Claims Against Person Reporting

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Claim” means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.

(2) “Defendant” means a party against whom a claim is made.

(b) A court shall award a defendant reasonable attorney's fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:

(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and

(2) the claim is dismissed or judgment is rendered for the defendant.

(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:

(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and

(2) the defendant requests the court to award reasonable attorney's fees and other expenses related to the defense of the claim.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 261.108. Frivolous Claims Against Person Reporting - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-261-108/

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