Texas Family Code - Section 155.204. Procedure For Transfer
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Texas Laws > Family Code > Texas Family Code - Section 155.204. Procedure For Transfer
Section: 155.101 155.102 155.103 155.104 155.201 155.202 155.203 155.204 155.205 155.206 155.207 155.301 156.001 156.002 156.003
§ 155.204. PROCEDURE FOR TRANSFER. (a) A motion to
transfer under Section 155.201(a) 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 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
(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, a party may file the
transfer order with the clerk of the court of continuing, exclusive
jurisdiction. On receipt and without a hearing, the clerk of the
court of continuing, exclusive jurisdiction shall transfer the
files as provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1150, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1390, § 14, eff. Sept. 1, 1999;
Acts 2005, 79th Leg., ch. 916, § 15, eff. June 18, 2005.
Last modified: August 11, 2007