Texas Family Code 103.001 – Venue for Original Suit
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(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, regardless of whether another court has continuing exclusive jurisdiction under Chapter 155. Except as provided by § 155.201, a court that has continuing exclusive jurisdiction is not required to transfer the suit affecting the parent-child relationship to the court in which the adoption suit is filed.
Terms Used In Texas Family Code 103.001
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probate: Proving a will
- Venue: The geographical location in which a case is tried.
(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.