Texas Estates Code 1253.102 – Determination of Venue; Action Following Determination
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(a) A court that delays further action in a guardianship proceeding under Section 1253.101 shall determine whether venue of the proceeding is more suitable in that court or in the foreign court.
(b) In making a determination under Subsection (a), the court may consider:
(1) the interests of justice;
(2) the best interests of the ward or proposed ward;
(3) the convenience of the parties; and
(4) the preference of the ward or proposed ward, if the ward or proposed ward is 12 years of age or older.
Terms Used In Texas Estates Code 1253.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Venue: The geographical location in which a case is tried.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) The court shall resume the guardianship proceeding delayed under Section 1253.101 if the court determines under this section that venue is more suitable in that court. If the court determines that venue is more suitable in the foreign court, the court shall, with the consent of the foreign court, transfer the proceeding to that foreign court.