Tex. Fam. Code § 155.201-155.205

TEXAS FAMILY CODE Chapter 155, Subchapter C — TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION CHAPTER 155 • CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER Subchapter C: TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION 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 nforce 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. Sec. 155.202. DISCRETIONARY TRANSFER. (a) If the basis of a motion to transfer a proceeding under this subchapter is that the child resides in another county, the court may deny the motion if it is shown that the child has resided in that county for less than six months at the time the proceeding is commenced. (b) For the convenience of the parties and witnesses and in the interest of justice, the court, on the timely motion of a party, may transfer the proceeding to a proper court in another county in the state. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Source: he timely motion of a party, may transfer the proceeding to a proper court in another county in the state. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 155, Subchapter C — TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION Sec. 155.203. DETERMINING COUNTY OF CHILD'S RESIDENCE. In computing the time during which the child has resided in a county, the court may not require that the period of residence be continuous and uninterrupted but shall look to the child's principal residence during the six-month period preceding the commencement of the suit. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. See note following this section. Sec. 155.204. PROCEDURE FOR TRANSFER. (a) A motion to transfer under Section 155.201(a) or (a-1) may be filed at any time. The motion must contain a certification that all other parties, including the attorney general, if applicable, have been informed of the filing of the motion. (b) Except as provided by Subsection (a) or Section 262.203, a motion to transfer by a petitioner or movant is timely if it is made at the time the initial pleadings are filed. A motion to transfer by another party is timely if it is made on or before the first Monday after the 20th day after the date of service of citation or notice of the suit or before the commencement of the hearing, whichever is sooner. (c) If a timely motion to transfer has been filed and no controverting affidavit is filed within the period allowed for its filing, the proceeding shall, not later than the 21st day after the final date of the period allowed for the filing of a controverting affidavit, be transferred without a hearing to the proper court. (d) On or before the first Monday after the 20th day after the date of notice of a motion to transfer is served, a party desiring to contest the motion ferred without a hearing to the proper court. (d) On or before the first Monday after the 20th day after the date of notice of a motion to transfer is served, a party desiring to contest the motion must file a controverting affidavit denying that grounds for the transfer exist. (e) If a controverting affidavit contesting the motion to transfer is filed, each party is entitled to notice not less than 10 days before the date of the hearing on the motion to transfer. (f) Only evidence pertaining to the transfer may be taken at the hearing. (g) If the court finds after the hearing on the motion to transfer that grounds for the transfer exist, the proceeding shall be transferred to the proper court not later than the 21st day after the date the hearing is concluded. (h) An order transferring or refusing to transfer the proceeding is not subject to interlocutory appeal. (i) If a transfer order has been signed by a court exercising jurisdiction under Chapter 262, the Department of Family and Protective Services shall file the transfer order with the clerk of the court of continuing, exclusive jurisdiction. On receipt and without a hearing or further order from the court of continuing, exclusive jurisdiction, the clerk of the court of continuing, exclusive jurisdiction shall transfer the files as provided by this subchapter within the time required by Section 155.207(a). Notwithstanding the amendments made to Subsection (i) of this section by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 11, and Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 2, identical amendments to Subsection (i) of this section were made by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), and take effect only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th L eg., R.S., Ch. 572 (S.B. 738), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 15, eff. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 11, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 722 (H.B. 369), Sec. 4, eff. September 1, 2019. Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On rendition of an order transferring continuing, exclusive jurisdiction to another court, the transferring court shall also order that all future payments of child support be made to the local registry of the transferee court or, if payments have Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 155, Subchapter C — TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION previously been directed to the state disbursement unit, to the state disbursement unit. (b) The transferring court's local registry or the state disbursement unit shall continue to receive, record, and forward child support payments to the payee until it receives notice that the transferred case has been docketed by the transferee court. (c) After receiving notice of docketing from the transferee court, the transferring court's local registry shall send a certified copy of the child support payment record to the clerk of the transferee court and shall forward any payments received to the transferee court's local registry or to the state disbursement unit, as appropr of the child support payment record to the clerk of the transferee court and shall forward any payments received to the transferee court's local registry or to the state disbursement unit, as appropriate. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 11, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 11, eff. Sept. 1, 2001. Sec. 155.206. EFFECT OF TRANSFER. (a) A court to which a transfer is made becomes the court of continuing, exclusive jurisdiction and all proceedings in the suit are continued as if it were brought there originally. (b) A judgment or order transferred has the same effect and shall be enforced as if originally rendered in the transferee court. (c) The transferee court shall enforce a judgment or order of the transferring court by contempt or by any other means by which the transferring court could have enforced its judgment or order. The transferee court shall have the power to punish disobedience of the transferring court's order, whether occurring before or after the transfer, by contempt. (d) After the transfer, the transferring court does not retain jurisdiction of the child who is the subject of the suit, nor does it have jurisdiction to enforce its order for a violation occurring before or after the transfer of jurisdiction. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than the 10th working day after the date an order of transfer is signed, the clerk of the court transferring a proceeding shall send, using the electronic filing system established under Section 72.031, Government Code, to the proper court to which transfer is being made: (1) a transfer certificate and index of transferred documents; (2) a copy of each final order; (3) a copy of the order of transfer signed by the transferring court; (4) a copy of the pleadings in the pending proceeding and any othe ex of transferred documents; (2) a copy of each final order; (3) a copy of the order of transfer signed by the transferring court; (4) a copy of the pleadings in the pending proceeding and any other document specifically requested by a party; (5) a copy of the transfer certificate and index of transferred documents from each previous transfer; and (6) a bill of any costs that have accrued in the transferring court. (a-1) The clerk of the transferring court shall use the standardized transfer certificate and index of transferred documents form created by the Office of Court Administration of the Texas Judicial System under Section 72.037, Government Code, when transferring a proceeding under this section. (b) The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a). (c) The clerk of the transferee court shall: (1) accept documents transferred under Subsection (a); (2) docket the suit; and (3) notify, using the electronic filing system established under Section 72.031, Government Code, all parties, the clerk of the transferring court, and, if appropriate, the transferring court's local registry that the suit has been docketed. (c-1) The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and index of transferred documents to evidence the date and time of acceptance under Subsection (c), but may not physically or electronically mark or stamp any other document transferred under Subsection (a). (d) The clerk of the transferring court shall send a certified copy of the order directing payments to the transferee court: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 155, Subchapter C — TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION (1) to any party affected by the order, and, if appropriate, to the local registry of the transferee court using the electronic filing system establishe NSFER OF CONTINUING, EXCLUSIVE JURISDICTION (1) to any party affected by the order, and, if appropriate, to the local registry of the transferee court using the electronic filing system established under Section 72.031, Government Code; and (2) to an employer affected by the order electronically or by first class mail. (e) The clerks of both the transferee and transferring courts may each produce under Chapter 51, Government Code, certified or uncertified copies of documents transferred under Subsection (a) and must include a copy of the transfer certificate and index of transferred documents with each document produced. (f) Sections 80.001 and 80.002, Government Code, do not apply to the transfer of documents under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 12, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 16, eff. June 18, 2005. Acts 2015, 84th Leg., R.S., Ch. 211 (S.B. 1929), Sec. 1, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 7.01, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 11, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.007, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 389 (H.B. 1734), Sec. 1, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4