Texas Family Code - Section 103.003. Transfer Of Original Suit Within State When Party Or Child Resides Outside State
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§ 103.003. TRANSFER OF ORIGINAL SUIT WITHIN STATE WHEN
PARTY OR CHILD RESIDES OUTSIDE STATE. (a) A court of this state in
which an original suit is filed or in which a suit for child support
is filed under Chapter 159 shall transfer the suit to the county of
residence of the party who is a resident of this state if all other
parties and children affected by the proceedings reside outside
this state.
(b) If one or more of the parties affected by the suit reside
outside this 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 suit 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) there is no court of continuing, exclusive
jurisdiction; 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
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) If a transfer of an original suit or suit for child
support under Chapter 159 is sought under this section, Chapter 155
applies to the procedures for transfer of the suit.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Section: 102.009 102.010 102.011 102.012 102.013 103.001 103.002 103.003 104.001 104.002 104.003 104.004 104.005 104.006 104.007
Last modified: August 11, 2007
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