Sec. 155.201. MANDATORY TRANSFER. (a) On the filing of a motion showing that a suit for dissolution of the marriage of the child's parents has been filed in another court and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship shall, within the time required by Section 155.204, transfer the proceedings to the court in which the dissolution of the marriage is pending.
(a-1) On the filing of a motion showing that a suit in which adoption of a child is requested has been filed in another court located in the county in which the child resides as provided by Section 103.001 and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship with regard to that child shall, within the time required by Section 155.204, transfer the proceedings to the court in which the suit for adoption is pending.
(a-2) A motion described by Subsection (a) or (a-1) must comply with the requirements of Section 155.204(a).
(b) If a suit to modify or a motion to enforce an order is filed in the court having continuing, exclusive jurisdiction of a suit, on the timely motion of a party the court shall, within the time required by Section 155.204, transfer the proceeding to another county in this state if the child has resided in the other county for six months or longer.
(c) If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to modify or motion to enforce is filed, the court may transfer the proceeding as provided by Subsection (b) only if the court could have transferred the proceeding at the time the first motion or suit was filed.
(d) On receiving notice that a court exercising jurisdiction under Chapter 262 has ordered the transfer of a suit under Section 262.203(a)(2), the court of continuing, exclusive jurisdiction shall, in accordance with the requirements of Section 155.204(i), transfer the proceedings to the court in which the suit under Chapter 262 is pending within the time required by Section 155.207(a).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1135, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 14, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.003, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 722 (H.B. 369), Sec. 3, eff. September 1, 2019.
Notes of Decisions
Cited in
136
cases (
22 in the last 5 years), 1996–2026 · leading case:
In Re Nabors, 276 S.W.3d 190 (Tex. App. 2009).
In Re Nabors, 276 S.W.3d 190 (Tex. App. 2009).
· cites it 26× “Tex. Fam.Code Ann. § 155.201(b) (Vernon Supp.”
In Re Wheeler, 177 S.W.3d 350 (Tex. App. 2005).
· cites it 4× “201 of the Texas Family Code, relator argues that the trial court had a mandatory duty to transfer venue to Brazos County because L.”
In the Interest of D.W., 533 S.W.3d 460 (Tex. App. 2017).
· cites it 4× “See Tex. Fam. Code Ann. §§ 155.201 -.207 (West 2014 & Supp.”
In Re Cooper, 320 S.W.3d 905 (Tex. App. 2010).
· cites it 4× “” See Tex. Fam.Code Ann. § 155.201 (Vernon 2008).”
In Re Calderon, 96 S.W.3d 711 (Tex. App. 2003).
· cites it 2× “06 3 ); see Tex. Fam.Code ANN. § 155.201(b) (Vernon 2002).”
Huey v. Huey, 200 S.W.3d 851 (Tex. App. 2006).
“Where a motion to modify is filed with the court having continuing, exclusive jurisdiction, the trial court, on a party’s timely notice, must transfer a case to another Texas county if the children have resided in the other county for six months or longer.”
In Re Parr, 199 S.W.3d 457 (Tex. App. 2006).
· cites it 2× “In support of this assertion, D’Juana cites Texas Family Code section 155.201(a): On the filing of a motion showing that a suit for dissolution of the marriage of the child’s parents has been filed in another court, and requesting a transfer to that court, the court having…”
In Re Aguilera, 37 S.W.3d 43 (Tex. App. 2000).
· cites it 3× “06 is now contained in Tex Fam.Code Ann. §§ 155.201 (Mandatory Transfer) and 155.”
In Re Ferguson, 172 S.W.3d 122 (Tex. App. 2005).
· cites it 3× “See Tex. Fam.Code Ann. §§ 155.201 — 155.207 (Vernon 2002).”
In Re Simonek, 3 S.W.3d 285 (Tex. App. 1999).
· cites it 4× “TEX. FAM.CODE ANN. § 155.201(b) (Vernon 1996).”
In Re Leder, 263 S.W.3d 283 (Tex. App. 2007).
· cites it 2× “Tex. Fam.Code Ann. § 155.201(b) (Vernon Supp.”
Bollard v. Berchelmann, 921 S.W.2d 861 (Tex. App. 1996).
· cites it 3× “Mandatory Duty and Remedy by Appeal Transferring a case to a county where the child has resided for more than six months is a mandatory ministerial duty under Tex.Fam.Code Ann. § 155.201 (Vernon Supp.”
— Tex. Fam. Code § 155.201(a) — 10 cases
In Re Parr, 199 S.W.3d 457 (Tex. App. 2006).
“In support of this assertion, D’Juana cites Texas Family Code section 155.201(a): On the filing of a motion showing that a suit for dissolution of the marriage of the child’s parents has been filed in another court, and requesting a transfer to that court, the court having…”
In Re Aguilera, 37 S.W.3d 43 (Tex. App. 2000).
“06 is now contained in Tex Fam.Code Ann. §§ 155.201 (Mandatory Transfer) and 155.”
— Tex. Fam. Code § 155.201(b) — 57 cases
In Re Nabors, 276 S.W.3d 190 (Tex. App. 2009).
“Tex. Fam.Code Ann. § 155.201(b) (Vernon Supp.”
In Re Calderon, 96 S.W.3d 711 (Tex. App. 2003).
“06 3 ); see Tex. Fam.Code ANN. § 155.201(b) (Vernon 2002).”
Huey v. Huey, 200 S.W.3d 851 (Tex. App. 2006).
“Where a motion to modify is filed with the court having continuing, exclusive jurisdiction, the trial court, on a party’s timely notice, must transfer a case to another Texas county if the children have resided in the other county for six months or longer.”
In Re Simonek, 3 S.W.3d 285 (Tex. App. 1999).
“TEX. FAM.CODE ANN. § 155.201(b) (Vernon 1996).”
In Re Leder, 263 S.W.3d 283 (Tex. App. 2007).
“Tex. Fam.Code Ann. § 155.201(b) (Vernon Supp.”
— Tex. Fam. Code § 155.201(c) — 3 cases
In Re Nabors, 276 S.W.3d 190 (Tex. App. 2009).
“Tex. Fam.Code Ann. § 155.201(b) (Vernon Supp.”
— Tex. Fam. Code § 155.201(d) — 3 cases
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