NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Transfer
This Motion to Transfer is brought by [name of movant], [party designation], who requests transfer of this proceeding.
1.Jurisdiction
1.Jurisdiction
1.A.First Suit
No court has acquired continuing, exclusive jurisdiction of this suit or of the child[ren] the subject of this suit.
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Or |
1.B.Subsequent Action
This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of the child[ren] the subject of this suit as a result of prior proceedings.
2.Grounds
2.Grounds for Transfer
2.A.Improper Venue
§ 103.002(a)
(First Suit)
Venue is improper in this Court, and no other court has continuing, exclusive jurisdiction. The child[ren] reside[s] in [county] County, Texas, and venue is proper in that county.
2.B.Residence of Child[ren]
§§ 155.201(b), 155.202(a)
(Subsequent Action)
The principal residence of the child[ren] is in [county] County, Texas [include if applicable: , and has been in that county during the six-month period preceding the commencement of this suit]. Venue is proper in that county.
2.C.Divorce Filed
§§ 103.002(b), 155.201(a), (a–2), 155.004(a)(2), 155.204(a) (First Suit or Subsequent Action)
A suit for dissolution of the marriage of the parents of the child[ren] has been filed in [county] County, Texas, under Cause No. [number]. The undersigned certifies that all other parties, including the attorney general, if applicable, have been informed of the filing of this motion.
2.D.Forum Non Conveniens
§ 155.202
(Subsequent Action)
For the convenience of the parties and witnesses and in the interest of justice, the Court is requested to transfer this proceeding to a proper court in [county] County, Texas, for the following reasons: [state reasons].
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Use 2.E. or 2.F. if transfer is sought under Family Code section 155.301 and there is no agreed order of transfer. If the parties submit an agreed order under section 155.301 to the court, the court shall sign the order without the need for other pleadings. Tex. Fam. Code § 155.301(c). See the order in form 42-4. |
2.E.One Party in Texas; Other Parties outside Texas
§ 155.301(a)
(First Suit or Subsequent Action)
Except for [name of movant], all the parties, including [the child/all the children] affected by the proceedings reside outside Texas. [Name of movant] resides in [county] County, Texas, and venue is proper in that county.
2.F.Party outside Texas; Parties or Child in Different Texas Counties
§ 155.301(b)
(First Suit or Subsequent Action)
One or more of the parties affected by the proceeding reside outside Texas, and more than one party or [the child/one or more of the children] affected by the proceedings reside in Texas in different counties.
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Select one of the following. |
The court of continuing, exclusive jurisdiction is in [county] County, Texas, and venue is proper in that county.
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Or |
[There is no court of continuing, exclusive jurisdiction./Neither a party nor a child affected by the proceeding resides in the county of the court of continuing jurisdiction.] [County] County, Texas, is the county of residence of the child[ren], and venue is proper in that county.
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Or |
There is no court of continuing, exclusive jurisdiction, and no child affected by the proceeding resides in Texas. [County] County, Texas, is the county most appropriate to serve the convenience of the resident parties and the witnesses and the interest of justice, and venue is proper in that county.
2.G.Adoption Filed
§§ 103.001(b), 155.201(a–1), (a–2), 155.004(a)(2), 155.204(a)
A suit for adoption of the child[ren] has been filed in [county] County, Texas, the county of the child[ren]’s residence, under Cause No. [number]. The undersigned certifies that all other parties, including the attorney general, if applicable, have been informed of the filing of this motion.
3.Prayer
•Required in All Petitions
3.Prayer
[Name of movant] prays that notice be issued as required by law. [Name of movant] prays that the Court order the transfer of this proceeding in accordance with the allegations of this motion.
[Name of movant] prays for general relief.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]