Texas Family Code - Section 103.001. Venue For Original Suit

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§ 103.001. VENUE FOR ORIGINAL SUIT.  (a) Except as 
otherwise provided by this title, an original suit shall be filed in 
the county where the child resides, unless:
		(1)  another court has continuing exclusive 
jurisdiction under Chapter 155;  or
		(2)  venue is fixed in a suit for dissolution of a 
marriage under Subchapter D, Chapter 6.
	(b)  A suit in which adoption is requested may be filed in the 
county where the child resides or in the county where the 
petitioners reside.
	(c)  A child resides in the county where the child's parents 
reside or the child's parent resides, if only one parent is living, 
except that:
		(1)  if a guardian of the person has been appointed by 
order of a county or probate court and a managing conservator has 
not been appointed, the child resides in the county where the 
guardian of the person resides;
		(2)  if the parents of the child do not reside in the 
same county and if a managing conservator, custodian, or guardian 
of the person has not been appointed, the child resides in the 
county where the parent having actual care, control, and possession 
of the child resides;
		(3)  if the child is in the care and control of an adult 
other than a parent and a managing conservator, custodian, or 
guardian of the person has not been appointed, the child resides 
where the adult having actual care, control, and possession of the 
child resides;
		(4)  if the child is in the actual care, control, and 
possession of an adult other than a parent and the whereabouts of 
the parent and the guardian of the person is unknown, the child 
resides where the adult having actual possession, care, and control 
of the child resides;
		(5)  if the person whose residence would otherwise 
determine venue has left the child in the care and control of the 
adult, the child resides where that adult resides;
		(6)  if a guardian or custodian of the child has been 
appointed by order of a court of another state or country, the child 
resides in the county where the guardian or custodian resides if 
that person resides in this state;  or
		(7)  if it appears that the child is not under the 
actual care, control, and possession of an adult, the child resides 
where the child is found.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 62, § 6.14, eff. Sept. 1, 
1999.

Last modified: August 10, 2007