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.
Source:
Section 262.203 — Transfer of Suit, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm#262.203 (accessed Jun. 5, 2024).
