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This entry was published on 2014-09-22
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SECTION 83.29
Proceedings in more than one state
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.29 Proceedings in more than one state.

Except for a petition for the appointment of a guardian of the person
in an emergency or issuance of a protective order limited to property
located in this state under paragraph one or two of subdivision (a) of
section 83.19 of this article, if a petition for the appointment of a
guardian of the person or issuance of a protective order is filed in
this state and in another state and neither petition has been dismissed
or withdrawn, the following rules apply:

(a) If the court in this state has jurisdiction under section 83.17 of
this article, it may proceed with the case unless a court in another
state acquires jurisdiction under provisions similar to such section
before the appointment or issuance of the order.

(b) If the court in this state does not have jurisdiction under
section 83.17 of this article, whether at the time the petition is filed
or at any time before the appointment or issuance of the order, the
court shall stay the proceeding and communicate with the court in the
other state. If the court in the other state has jurisdiction, the court
in this state shall dismiss the petition unless the court in the other
state determines that the court in this state is a more appropriate
forum.