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Mandatory Transfer Of Family Law Case To a Different City

by | Chapter 155 Texas Family Code

§ 155.201 (a) (a-1)(a-2) Mandatory Transfer

155.201, Family Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(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.

(a-1) On the filing of a motion showing that a suit in which adoption of a child is requested has been filed in another court located in the county in which the child resides as provided by Section 103.001 and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship with regard to that child shall, within the time required by Section 155.204, transfer the proceedings to the court in which the suit for adoption is pending.

(a-2) A  motion described by Subsection (a) or (a-1) must comply with the requirements of Section 155.204(a)

Source: HB 369

Eff. Date: 9/1/19 – The changes in law made by this Act to Section 155.201, Family Code, apply to a motion to transfer a suit affecting the parent-child relationship filed on or after the effective date of this Act. A motion to transfer a suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date that motion was filed, and the former law is continued in effect for that purpose

§ 155.204 (a) Procedure for Transfer

  • A motion to transfer under Section 155.201(a) or (a-1) 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.

Source: HB 369

Eff. Date: 9/1/19 – The changes in law made by this Act to Sections 155.204, Family Code, apply to a motion to transfer a suit affecting the parent-child relationship filed on or after the effective date of this Act. A motion to transfer a suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date that motion was filed, and the former law is continued in effect for that purpose