Tex. Fam. Code § 262.203 · Subchapter C. ADVERSARY HEARING
TRANSFER OF SUIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
See note following this section.
(a) On the motion of a party or the court's own motion, if applicable, the court that rendered the temporary order shall in accordance with procedures provided by Chapter 155:
(1) transfer the suit to the court of continuing, exclusive jurisdiction, if any, within the time required by Section 155.207(a), if the court finds that the transfer is:
(A) necessary for the convenience of the parties; and
(B) in the best interest of the child;
(2) order transfer of the suit from the court of continuing, exclusive jurisdiction; or
(3) if grounds exist for transfer based on improper venue, order transfer of the suit to the court having venue of the suit under Chapter 103.
(b) Notwithstanding Section 155.204, a motion to transfer relating to a suit filed under this chapter may be filed separately from the petition and is timely if filed while the case is pending.
(c) Notwithstanding Sections 6.407 and 103.002, a court exercising jurisdiction under this chapter is not required to transfer the suit to a court in which a parent has filed a suit for dissolution of marriage before a final order for the protection of the child has been rendered under Subchapter E, Chapter 263.
(d) An order of transfer must include:
(1) the date of any future hearings in the case that have been scheduled by the transferring court;
(2) any date scheduled by the transferring court for the dismissal of the suit under Section 263.401; and
(3) the name and contact information of each attorney ad litem or guardian ad litem appointed in the suit.
(e) The court to which a suit is transferred may retain an attorney ad litem or guardian ad litem appointed by the transferring court. If the court finds that the appointment of a new attorney ad litem or guardian ad litem is appropriate, the court shall appoint that attorney ad litem or guardian ad litem before the earlier of:
(1) the 10th day after the date of receiving the order of transfer; or
(2) the date of the first scheduled hearing after the transfer.
Notwithstanding the amendments made to Subsection (a) of this section by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, and Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, identical amendments to Subsection (a) 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 Legislature.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 22, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 22, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 41, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 211 (S.B. 1929), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm
- Text hash
- sha256 ba682222a451b631c9c0f0f1eecd6c2d560451528812eaa454d5e953b8a95cdb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 6.407TRANSFER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP TO DIVORCE COURT.Printed as Sections 6.407 and 103.002
- Tex. Fam. Code § 103.002TRANSFER OF ORIGINAL PROCEEDINGS WITHIN STATE.Printed as Sections 6.407 and 103.002
- Tex. Fam. Code ch. 155CONTINUING, EXCLUSIVE JURISDICTION; TRANSFERPrinted as Chapter 155
- Tex. Fam. Code § 155.204PROCEDURE FOR TRANSFER.Printed as Section 155.204
- Tex. Fam. Code § 155.207TRANSFER OF COURT FILES.Printed as Section 155.207(a)
- Tex. Fam. Code § 263.401DISMISSAL AFTER ONE YEAR; NEW TRIALS; EXTENSION.Printed as Section 263.401
Cited by 3 provisions
Provisions in this library whose text cites Tex. Fam. Code § 262.203. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.