FAMILY CODE
CHAPTER 103. VENUE AND TRANSFER OF ORIGINAL PROCEEDINGS
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 6.14, eff. Sept. 1,
1999.
§ 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, § 1, eff. April 20, 1995.
§ 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, § 1, eff. April 20, 1995.
