Texas § FA.262.203 - TRANSFER OF SUIT

§ FA.262.203. TRANSFER OF SUIT

TRANSFER OF SUIT. (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. 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.