CHAPTER 103. VENUE AND TRANSFER OF ORIGINAL PROCEEDINGS - Texas Statutes

FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE

PARENT-CHILD RELATIONSHIP

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 103. VENUE AND TRANSFER OF ORIGINAL PROCEEDINGS

Sec. 103.001. VENUE FOR ORIGINAL SUIT. (a) Except as otherwise

provided by this title, an original suit shall be filed in the

county where the child resides, unless:

(1) another court has continuing exclusive jurisdiction under

Chapter 155; or

(2) venue is fixed in a suit for dissolution of a marriage under

Subchapter D, Chapter 6.

(b) A suit in which adoption is requested may be filed in the

county where the child resides or in the county where the

petitioners reside.

(c) A child resides in the county where the child's parents

reside or the child's parent resides, if only one parent is

living, except that:

(1) if a guardian of the person has been appointed by order of a

county or probate court and a managing conservator has not been

appointed, the child resides in the county where the guardian of

the person resides;

(2) if the parents of the child do not reside in the same county

and if a managing conservator, custodian, or guardian of the

person has not been appointed, the child resides in the county

where the parent having actual care, control, and possession of

the child resides;

(3) if the child is in the care and control of an adult other

than a parent and a managing conservator, custodian, or guardian

of the person has not been appointed, the child resides where the

adult having actual care, control, and possession of the child

resides;

(4) if the child is in the actual care, control, and possession

of an adult other than a parent and the whereabouts of the parent

and the guardian of the person is unknown, the child resides

where the adult having actual possession, care, and control of

the child resides;

(5) if the person whose residence would otherwise determine

venue has left the child in the care and control of the adult,

the child resides where that adult resides;

(6) if a guardian or custodian of the child has been appointed

by order of a court of another state or country, the child

resides in the county where the guardian or custodian resides if

that person resides in this state; or

(7) if it appears that the child is not under the actual care,

control, and possession of an adult, the child resides where the

child is found.

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

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.14, eff.

Sept. 1, 1999.

Sec. 103.002. TRANSFER OF ORIGINAL PROCEEDINGS WITHIN STATE.

(a) If venue of a suit is improper in the court in which an

original suit is filed and no other court has continuing,

exclusive jurisdiction of the suit, on the timely motion of a

party other than the petitioner, the court shall transfer the

proceeding to the county where venue is proper.

(b) On a showing that a suit for dissolution of the marriage of

the child's parents has been filed in another court, a court in

which a suit is pending shall transfer the proceedings to the

court where the dissolution of the marriage is pending.

(c) The procedures in Chapter 155 apply to a transfer of:

(1) an original suit under this section; or

(2) a suit for modification or a motion for enforcement under

this title.

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

1995.

Sec. 103.003. TRANSFER OF ORIGINAL SUIT WITHIN STATE WHEN PARTY

OR CHILD RESIDES OUTSIDE STATE. (a) A court of this state in

which an original suit is filed or in which a suit for child

support is filed under Chapter 159 shall transfer the suit to the

county of residence of the party who is a resident of this state

if all other parties and children affected by the proceedings

reside outside this state.

(b) If one or more of the parties affected by the suit reside

outside this state and if more than one party or one or more

children affected by the proceeding reside in this state in

different counties, the court shall transfer the suit according

to the following priorities:

(1) to the court of continuing, exclusive jurisdiction, if any;

(2) to the county of residence of the child, if applicable,

provided that:

(A) there is no court of continuing, exclusive jurisdiction; or

(B) the court of continuing, exclusive jurisdiction finds that

neither a party nor a child affected by the proceeding resides in

the county of the court of continuing jurisdiction; or

(3) if Subdivisions (1) and (2) are inapplicable, to the county

most appropriate to serve the convenience of the resident

parties, the witnesses, and the interest of justice.

(c) If a transfer of an original suit or suit for child support

under Chapter 159 is sought under this section, Chapter 155

applies to the procedures for transfer of the suit.

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

1995.