Sec. 155.301. AUTHORITY TO TRANSFER. (a) A court of this state with continuing, exclusive jurisdiction over a child custody proceeding under Chapter 152 or a child support proceeding under Chapter 159 shall transfer the proceeding to the county of residence of the resident party if one party is a resident of this state and all other parties including the child or all of the children affected by the proceeding reside outside this state.
(b) If one or more of the parties affected by the proceedings reside outside the state and if more than one party or one or more children affected by the proceeding reside in this state in different counties, the court shall transfer the proceeding according to the following priorities:
(1) to the court of continuing, exclusive jurisdiction, if any;
(2) to the county of residence of the child, if applicable, provided that:
(A) Subdivision (1) is inapplicable; or
(B) the court of continuing, exclusive jurisdiction finds that neither a party nor a child affected by the proceeding resides in the county of the court of continuing, exclusive jurisdiction; or
(3) if Subdivisions (1) and (2) are inapplicable, to the county most appropriate to serve the convenience of the resident parties, the witnesses, and the interest of justice.
(c) Except as otherwise provided by this subsection, if a transfer of continuing, exclusive jurisdiction is sought under this section, the procedures for determining and effecting a transfer of proceedings provided by this chapter apply. If the parties submit to the court an agreed order for transfer, the court shall sign the order without the need for other pleadings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 13, eff. September 1, 2007.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1999–2022 · leading case:
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
“See Tex. Fam.Code Ann. § 155.301(a). By adopting these uniform acts, the legislature has created an unsatisfactory situation in which a suit affecting a parent-child relationship is severed into parallel proceedings in different states.”
In re Casseb, 119 S.W.3d 841 (Tex. App. 2003).
“” Tex. Fam.Code Ann. § 155.301 (Vernon 2002).”
in Re John Phelps (Tex. App. 2013).
· cites it 5× “See TEX. FAM. CODE ANN. § 155.301 (a), (c) (West 2008).”
In Re Kba, 145 S.W.3d 685 (Tex. App. 2004).
“TEX. FAM.CODE ANN. § 155.301 (Vernon Supp.”
in Re: Jennifer Caballero (Tex. App. 2020).
“301(a) of the Texas Family Code creates a mandatory venue provision which states: A court of this state with continuing, exclusive jurisdiction over a child custody proceeding under Chapter 152 or a child support proceeding under Chapter 159 shall transfer the proceeding to the…”
in the Interest of B.F., a Child (Tex. App. 2022).
“” TEX. FAM. CODE ANN. § 155.301(c). Mother alleges that the order was not agreed because the parties did not sign the order.”
in the Interest of S.T.A., a Child (Tex. App. 2011).
“See TEX. FAMILY CODE ANN. § 155.301 (Vernon 2008) ("A court of this state with continuing, exclusive jurisdiction over a child custody proceeding under Chapter 152 or a child support proceeding under Chapter 159 shall transfer the proceeding to the county of residence of the…”
— Tex. Fam. Code § 155.301(a) — 4 cases
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
“See Tex. Fam.Code Ann. § 155.301(a). By adopting these uniform acts, the legislature has created an unsatisfactory situation in which a suit affecting a parent-child relationship is severed into parallel proceedings in different states.”
in Re John Phelps (Tex. App. 2013).
“See TEX. FAM. CODE ANN. § 155.301 (a), (c) (West 2008).”
in Re: Jennifer Caballero (Tex. App. 2020).
“301(a) of the Texas Family Code creates a mandatory venue provision which states: A court of this state with continuing, exclusive jurisdiction over a child custody proceeding under Chapter 152 or a child support proceeding under Chapter 159 shall transfer the proceeding to the…”
— Tex. Fam. Code § 155.301(c) — 2 cases
in the Interest of B.F., a Child (Tex. App. 2022).
“” TEX. FAM. CODE ANN. § 155.301(c). Mother alleges that the order was not agreed because the parties did not sign the order.”
in Re John Phelps (Tex. App. 2013).
“See TEX. FAM. CODE ANN. § 155.301 (a), (c) (West 2008).”
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