CHAPTER 155. CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER - Texas Statutes

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 155. CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER

SUBCHAPTER A. CONTINUING, EXCLUSIVE JURISDICTION

Sec. 155.001. ACQUIRING CONTINUING, EXCLUSIVE JURISDICTION. (a)

Except as otherwise provided by this section, a court acquires

continuing, exclusive jurisdiction over the matters provided for

by this title in connection with a child on the rendition of a

final order.

(b) The following final orders do not create continuing,

exclusive jurisdiction in a court:

(1) a voluntary or involuntary dismissal of a suit affecting the

parent-child relationship;

(2) in a suit to determine parentage, a final order finding that

an alleged or presumed father is not the father of the child,

except that the jurisdiction of the court is not affected if the

child was subject to the jurisdiction of the court or some other

court in a suit affecting the parent-child relationship before

the commencement of the suit to adjudicate parentage; and

(3) a final order of adoption, after which a subsequent suit

affecting the child must be commenced as though the child had not

been the subject of a suit for adoption or any other suit

affecting the parent-child relationship before the adoption.

(c) If a court of this state has acquired continuing, exclusive

jurisdiction, no other court of this state has jurisdiction of a

suit with regard to that child except as provided by this chapter

or Chapter 262.

(d) Unless a final order has been rendered by a court of

continuing, exclusive jurisdiction, a subsequent suit shall be

commenced as an original proceeding.

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

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.19, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 821, Sec. 2.15, eff.

June 14, 2001.

Sec. 155.002. RETAINING CONTINUING, EXCLUSIVE JURISDICTION.

Except as otherwise provided by this subchapter, a court with

continuing, exclusive jurisdiction retains jurisdiction of the

parties and matters provided by this title.

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

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.20, eff.

Sept. 1, 1999.

Sec. 155.003. EXERCISE OF CONTINUING, EXCLUSIVE JURISDICTION.

(a) Except as otherwise provided by this section, a court with

continuing, exclusive jurisdiction may exercise its jurisdiction

to modify its order regarding managing conservatorship,

possessory conservatorship, possession of and access to the

child, and support of the child.

(b) A court of this state may not exercise its continuing,

exclusive jurisdiction to modify managing conservatorship if:

(1) the child's home state is other than this state; or

(2) modification is precluded by Chapter 152.

(c) A court of this state may not exercise its continuing,

exclusive jurisdiction to modify possessory conservatorship or

possession of or access to a child if:

(1) the child's home state is other than this state and all

parties have established and continue to maintain their principal

residence outside this state; or

(2) each individual party has filed written consent with the

tribunal of this state for a tribunal of another state to modify

the order and assume continuing, exclusive jurisdiction of the

suit.

(d) A court of this state may not exercise its continuing,

exclusive jurisdiction to modify its child support order if

modification is precluded by Chapter 159.

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

1995.

Sec. 155.004. LOSS OF CONTINUING, EXCLUSIVE JURISDICTION. (a)

A court of this state loses its continuing, exclusive

jurisdiction to modify its order if:

(1) an order of adoption is rendered after the court acquires

continuing, exclusive jurisdiction of the suit;

(2) the parents of the child have remarried each other after the

dissolution of a previous marriage between them and file a suit

for the dissolution of their subsequent marriage combined with a

suit affecting the parent-child relationship as if there had not

been a prior court with continuing, exclusive jurisdiction over

the child; or

(3) another court assumed jurisdiction over a suit and rendered

a final order based on incorrect information received from the

bureau of vital statistics that there was no court of continuing,

exclusive jurisdiction.

(b) This section does not affect the power of the court to

enforce its order for a violation that occurred before the time

continuing, exclusive jurisdiction was lost under this section.

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

1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 8, eff.

Sept. 1, 1997.

Sec. 155.005. JURISDICTION PENDING TRANSFER. (a) During the

transfer of a suit from a court with continuing, exclusive

jurisdiction, the transferring court retains jurisdiction to

render temporary orders.

(b) The jurisdiction of the transferring court terminates on the

docketing of the case in the transferee court.

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

1995.

SUBCHAPTER B. IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE

JURISDICTION

Sec. 155.101. REQUEST FOR IDENTIFICATION OF COURT OF CONTINUING,

EXCLUSIVE JURISDICTION. (a) The petitioner or the court shall

request from the bureau of vital statistics identification of the

court that last had continuing, exclusive jurisdiction of the

child in a suit unless:

(1) the petition alleges that no court has continuing, exclusive

jurisdiction of the child and the issue is not disputed by the

pleadings; or

(2) the petition alleges that the court in which the suit or

petition to modify has been filed has acquired and retains

continuing, exclusive jurisdiction of the child as the result of

a prior proceeding and the issue is not disputed by the

pleadings.

(b) The bureau of vital statistics shall, on the written request

of the court, an attorney, or a party:

(1) identify the court that last had continuing, exclusive

jurisdiction of the child in a suit and give the docket number of

the suit; or

(2) state that the child has not been the subject of a suit.

(c) The child shall be identified in the request by name,

birthdate, and place of birth.

(d) The bureau of vital statistics shall transmit the

information not later than the 10th day after the date on which

the request is received.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 44, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 178, Sec. 8, eff. Aug.

30, 1999.

Sec. 155.102. DISMISSAL. If a court in which a suit is filed

determines that another court has continuing, exclusive

jurisdiction of the child, the court in which the suit is filed

shall dismiss the suit without prejudice.

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

1995.

Sec. 155.103. RELIANCE ON BUREAU OF VITAL STATISTICS

INFORMATION. (a) A court shall have jurisdiction over a suit if

it has been, correctly or incorrectly, informed by the bureau of

vital statistics that the child has not been the subject of a

suit and the petition states that no other court has continuing,

exclusive jurisdiction over the child.

(b) If the bureau of vital statistics notifies the court that

the bureau has furnished incorrect information regarding the

existence of another court with continuing, exclusive

jurisdiction before the rendition of a final order, the

provisions of this chapter apply.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 45, eff.

Sept. 1, 1995.

Sec. 155.104. VOIDABLE ORDER. (a) If a request for information

from the bureau of vital statistics relating to the identity of

the court having continuing, exclusive jurisdiction of the child

has been made under this subchapter, a final order, except an

order of dismissal, may not be rendered until the information is

filed with the court.

(b) If a final order is rendered in the absence of the filing of

the information from the bureau of vital statistics, the order is

voidable on a showing that a court other than the court that

rendered the order had continuing, exclusive jurisdiction.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 46, eff.

Sept. 1, 1995.

SUBCHAPTER C. TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION

Sec. 155.201. MANDATORY TRANSFER. (a) On the filing of a

motion showing that a suit for dissolution of the marriage of the

child's parents has been filed in another court and requesting a

transfer to that court, the court having continuing, exclusive

jurisdiction of a suit affecting the parent-child relationship

shall, within the time required by Section 155.204, transfer the

proceedings to the court in which the dissolution of the marriage

is pending. The motion must comply with the requirements of

Section 155.204(a).

(b) If a suit to modify or a motion to enforce an order is filed

in the court having continuing, exclusive jurisdiction of a suit,

on the timely motion of a party the court shall, within the time

required by Section 155.204, transfer the proceeding to another

county in this state if the child has resided in the other county

for six months or longer.

(c) If a suit to modify or a motion to enforce an order is

pending at the time a subsequent suit to modify or motion to

enforce is filed, the court may transfer the proceeding as

provided by Subsection (b) only if the court could have

transferred the proceeding at the time the first motion or suit

was filed.

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

1995. Amended by Acts 1999, 76th Leg., ch. 1135, Sec. 1, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

916, Sec. 14, eff. June 18, 2005.

Sec. 155.202. DISCRETIONARY TRANSFER. (a) If the basis of a

motion to transfer a proceeding under this subchapter is that the

child resides in another county, the court may deny the motion if

it is shown that the child has resided in that county for less

than six months at the time the proceeding is commenced.

(b) For the convenience of the parties and witnesses and in the

interest of justice, the court, on the timely motion of a party,

may transfer the proceeding to a proper court in another county

in the state.

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

1995.

Sec. 155.203. DETERMINING COUNTY OF CHILD'S RESIDENCE. In

computing the time during which the child has resided in a

county, the court may not require that the period of residence be

continuous and uninterrupted but shall look to the child's

principal residence during the six-month period preceding the

commencement of the suit.

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

1995.

Sec. 155.204. PROCEDURE FOR TRANSFER. (a) A motion to transfer

under Section 155.201(a) may be filed at any time. The motion

must contain a certification that all other parties, including

the attorney general, if applicable, have been informed of the

filing of the motion.

(b) Except as provided by Subsection (a) or Section 262.203, a

motion to transfer by a petitioner or movant is timely if it is

made at the time the initial pleadings are filed. A motion to

transfer by another party is timely if it is made on or before

the first Monday after the 20th day after the date of service of

citation or notice of the suit or before the commencement of the

hearing, whichever is sooner.

(c) If a timely motion to transfer has been filed and no

controverting affidavit is filed within the period allowed for

its filing, the proceeding shall, not later than the 21st day

after the final date of the period allowed for the filing of a

controverting affidavit, be transferred without a hearing to the

proper court.

(d) On or before the first Monday after the 20th day after the

date of notice of a motion to transfer is served, a party

desiring to contest the motion must file a controverting

affidavit denying that grounds for the transfer exist.

(e) If a controverting affidavit contesting the motion to

transfer is filed, each party is entitled to notice not less than

10 days before the date of the hearing on the motion to transfer.

(f) Only evidence pertaining to the transfer may be taken at the

hearing.

(g) If the court finds after the hearing on the motion to

transfer that grounds for the transfer exist, the proceeding

shall be transferred to the proper court not later than the 21st

day after the date the hearing is concluded.

(h) An order transferring or refusing to transfer the proceeding

is not subject to interlocutory appeal.

(i) If a transfer order has been signed by a court exercising

jurisdiction under Chapter 262, a party may file the transfer

order with the clerk of the court of continuing, exclusive

jurisdiction. On receipt and without a hearing, the clerk of the

court of continuing, exclusive jurisdiction shall transfer the

files as provided by this subchapter.

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

1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 1, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 14, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

916, Sec. 15, eff. June 18, 2005.

Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On

rendition of an order transferring continuing, exclusive

jurisdiction to another court, the transferring court shall also

order that all future payments of child support be made to the

local registry of the transferee court or, if payments have

previously been directed to the state disbursement unit, to the

state disbursement unit.

(b) The transferring court's local registry or the state

disbursement unit shall continue to receive, record, and forward

child support payments to the payee until it receives notice that

the transferred case has been docketed by the transferee court.

(c) After receiving notice of docketing from the transferee

court, the transferring court's local registry shall send a

certified copy of the child support payment record to the clerk

of the transferee court and shall forward any payments received

to the transferee court's local registry or to the state

disbursement unit, as appropriate.

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

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 11, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 11, eff.

Sept. 1, 2001.

Sec. 155.206. EFFECT OF TRANSFER. (a) A court to which a

transfer is made becomes the court of continuing, exclusive

jurisdiction and all proceedings in the suit are continued as if

it were brought there originally.

(b) A judgment or order transferred has the same effect and

shall be enforced as if originally rendered in the transferee

court.

(c) The transferee court shall enforce a judgment or order of

the transferring court by contempt or by any other means by which

the transferring court could have enforced its judgment or order.

The transferee court shall have the power to punish disobedience

of the transferring court's order, whether occurring before or

after the transfer, by contempt.

(d) After the transfer, the transferring court does not retain

jurisdiction of the child who is the subject of the suit, nor

does it have jurisdiction to enforce its order for a violation

occurring before or after the transfer of jurisdiction.

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

1995.

Sec. 155.207. TRANSFER OF COURT FILES. (a) On the signing of

an order of transfer, the clerk of the court transferring a

proceeding shall send to the proper court in the county to which

transfer is being made:

(1) the pleadings in the pending proceeding and any other

document specifically requested by a party;

(2) certified copies of all entries in the minutes; and

(3) a certified copy of each final order.

(b) The clerk of the transferring court shall keep a copy of the

transferred pleadings and other requested documents. If the

transferring court retains jurisdiction of another child who was

the subject of the suit, the clerk shall send a copy of the

pleadings and other requested documents to the court to which the

transfer is made and shall keep the original pleadings and other

requested documents.

(c) On receipt of the pleadings, documents, and orders from the

transferring court, the clerk of the transferee court shall

docket the suit and shall notify all parties, the clerk of the

transferring court, and, if appropriate, the transferring court's

local registry that the suit has been docketed.

(d) The clerk of the transferring court shall send a certified

copy of the order directing payments to the transferee court, to

any party or employer affected by that order, and, if

appropriate, to the local registry of the transferee court.

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

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 12, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

916, Sec. 16, eff. June 18, 2005.

SUBCHAPTER D. TRANSFER OF PROCEEDINGS WITHIN THE STATE WHEN PARTY

OR CHILD RESIDES OUTSIDE THE STATE

Sec. 155.301. AUTHORITY TO TRANSFER. (a) A court of this state

with continuing, exclusive jurisdiction over a child custody

proceeding under Chapter 152 or a child support proceeding under

Chapter 159 shall transfer the proceeding to the county of

residence of the resident party if one party is a resident of

this state and all other parties including the child or all of

the children affected by the proceeding reside outside this

state.

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

reside outside the 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 proceeding

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) Subdivision (1) is inapplicable; 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, exclusive 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) Except as otherwise provided by this subsection, if a

transfer of continuing, exclusive jurisdiction is sought under

this section, the procedures for determining and effecting a

transfer of proceedings provided by this chapter apply. If the

parties submit to the court an agreed order for transfer, the

court shall sign the order without the need for other pleadings.

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

1995. Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 17, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 13, eff. September 1, 2007.