Tex. Fam. Code Section 262.203
Transfer of Suit


(a)

On the motion of a party or the court’s own motion, if applicable, the court that rendered the temporary order shall in accordance with procedures provided by Chapter 155 (Continuing, Exclusive Jurisdiction; Transfer):

(1)

transfer the suit to the court of continuing, exclusive jurisdiction, if any, within the time required by Section 155.207 (Transfer of Court Files)(a), if the court finds that the transfer is:

(A)

necessary for the convenience of the parties; and

(B)

in the best interest of the child;

(2)

order transfer of the suit from the court of continuing, exclusive jurisdiction; or

(3)

if grounds exist for transfer based on improper venue, order transfer of the suit to the court having venue of the suit under Chapter 103 (Venue and Transfer of Original Proceedings).

(b)

Notwithstanding Section 155.204 (Procedure for Transfer), a motion to transfer relating to a suit filed under this chapter may be filed separately from the petition and is timely if filed while the case is pending.

(c)

Notwithstanding Sections 6.407 (Transfer of Suit Affecting Parent-child Relationship to Divorce Court) and 103.002 (Transfer of Original Proceedings Within State), a court exercising jurisdiction under this chapter is not required to transfer the suit to a court in which a parent has filed a suit for dissolution of marriage before a final order for the protection of the child has been rendered under Subchapter E (Dismissal After One Year; New Trials; Extension), Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services).

(d)

An order of transfer must include:

(1)

the date of any future hearings in the case that have been scheduled by the transferring court;

(2)

any date scheduled by the transferring court for the dismissal of the suit under Section 263.401 (Dismissal After One Year; New Trials; Extension); and

(3)

the name and contact information of each attorney ad litem or guardian ad litem appointed in the suit.

(e)

The court to which a suit is transferred may retain an attorney ad litem or guardian ad litem appointed by the transferring court. If the court finds that the appointment of a new attorney ad litem or guardian ad litem is appropriate, the court shall appoint that attorney ad litem or guardian ad litem before the earlier of:

(1)

the 10th day after the date of receiving the order of transfer; or

(2)

the date of the first scheduled hearing after the transfer.
Notwithstanding the amendments made to Subsection (a) of this section by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, and Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, identical amendments to Subsection (a) of this section were made by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), and take effect only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 22, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 22, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 41, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 211 (S.B. 1929), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, eff. September 1, 2017.

Source: Section 262.203 — Transfer of Suit, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­262.­htm#262.­203 (accessed Apr. 20, 2024).

262.001
Authorized Actions by Governmental Entity
262.002
Jurisdiction
262.003
Civil Liability
262.004
Accepting Voluntary Delivery of Possession of Child
262.005
Filing Petition After Accepting Voluntary Delivery of Possession of Child
262.006
Living Child After Abortion
262.007
Possession and Delivery of Missing Child
262.008
Abandoned Children
262.009
Temporary Care of Child Taken into Possession
262.010
Child with Sexually Transmitted Disease
262.011
Placement in Secure Agency Foster Home
262.012
Sealing of Court Records Filed Electronically
262.013
Voluntary Temporary Managing Conservatorship
262.014
Disclosure of Certain Evidence
262.015
Filing Requirement for Petition Regarding More than One Child
262.0022
Review of Placement
262.101
Filing Petition Before Taking Possession of Child
262.102
Emergency Order Authorizing Possession of Child
262.103
Duration of Temporary Order, Temporary Restraining Order, and Attachment
262.104
Taking Possession of a Child in Emergency Without a Court Order
262.105
Filing Petition After Taking Possession of Child in Emergency
262.106
Initial Hearing After Taking Possession of Child in Emergency Without Court Order
262.107
Standard for Decision at Initial Hearing After Taking Possession of Child Without a Court Order in Emergency
262.108
Unacceptable Facilities for Housing Child
262.109
Notice to Parent, Conservator, or Guardian
262.110
Taking Possession of Child in Emergency with Intent to Return Home
262.112
Expedited Hearing and Appeal
262.114
Evaluation of Identified Relatives and Other Designated Individuals
262.115
Visitation with Certain Children
262.116
Limits on Removal
262.201
Full Adversary Hearing
262.202
Identification of Court of Continuing, Exclusive Jurisdiction
262.203
Transfer of Suit
262.204
Temporary Order in Effect Until Superseded
262.206
Ex Parte Hearings
262.301
Definitions
262.302
Accepting Possession of Certain Abandoned Children
262.303
Notification of Possession of Abandoned Child
262.304
Filing Petition After Accepting Possession of Abandoned Child
262.305
Report to Law Enforcement Agency
262.306
Notice
262.307
Reimbursement for Care of Abandoned Child
262.308
Confidentiality
262.309
Search for Relatives Not Required
262.351
Definitions
262.352
Joint Managing Conservatorship of Child
262.353
Procedure for Relinquishing Child to Obtain Services
262.401
Definitions
262.402
Pilot Program for Family Preservation Services
262.403
Court Order Required
262.404
Filing Suit
262.405
Ad Litem Appointments
262.406
Court Order
262.407
Family Preservation Services Plan
262.408
Family Preservation Services Plan: Signing and Effect
262.409
Amended Family Preservation Services Plan
262.410
Court Implementation of Family Preservation Services Plan
262.411
Selection of Service Provider
262.412
Status Hearing
262.413
Extension of Order
262.414
Expiration of Order
262.415
Contract for Services
262.416
Limit on Finance of Services
262.417
Report to Legislature
262.1015
Removal of Alleged Perpetrator
262.1016
Agreed Order for Removal of Alleged Perpetrator
262.1095
Information Provided to Relatives and Certain Individuals
262.2015
Aggravated Circumstances
262.3025
Newborn Safety Device

Accessed:
Apr. 20, 2024

§ 262.203’s source at texas​.gov