State Codes and Statutes
Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-103-venue-and-transfer-of-original-proceedings
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.
State Codes and Statutes
Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-103-venue-and-transfer-of-original-proceedings
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.
State Codes and Statutes
Statutes >
Texas >
Family-code >
Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship >
Chapter-103-venue-and-transfer-of-original-proceedings 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.
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