Texas Family Code - Section 155.301. Authority To Transfer

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§ 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)  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.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1036, § 17, eff. Sept. 1, 
2003.

Last modified: August 10, 2007