Texas Family Code 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:
(1) transfer the suit to the court of continuing, exclusive jurisdiction, if any, within the time required by § 155.207(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.
(b) Notwithstanding § 155.204, 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.
Terms Used In Texas Family Code 262.203
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Venue: The geographical location in which a case is tried.
(c) Notwithstanding Sections 6.407 and 103.002, 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, Chapter 263.
(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 § 263.401; 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.
See note following this section.
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