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.]
Order Transferring Suit Affecting Parent-Child Relationship
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If this is an agreed order for transfer under Tex. Fam. Code § 155.301, use the following. |
The Court finds that [one party to this suit is a resident of [county] County, Texas, and all other parties, including the child[ren] affected by this proceeding, reside outside Texas/one or more of the parties affected by this proceeding reside outside Texas and more than one party or [the child/one or more of the children] affected by the proceeding reside in Texas in different counties]. The Court finds that the parties have agreed to the transfer of this suit under the provisions of section 155.301 of the Texas Family Code.
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If no controverting affidavit has been filed and no hearing held, use the following. |
The Court, after considering the pleadings, finds that no controverting affidavit has been filed and that the Motion to Transfer filed by [name of movant] should be granted.
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If a controverting affidavit has been filed and a hearing held, use the following. |
On [date] the Court heard the Motion to Transfer filed by [name of movant].
The Court, after considering the pleadings and hearing the evidence and argument of counsel, finds that the Motion to Transfer should be granted.
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Continue with the following. |
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Transferring a case to another county may require the court to select whether the case is to be transferred to district court or county court. In some counties, the district clerk dockets family law cases for both district and county courts; in other counties, the filings are entirely separate, and there is no common docketing of cases. |
IT IS THEREFORE ORDERED that this suit is transferred to [county] County, Texas. On receipt of the pleadings, documents, and orders from this Court, the [county/district] clerk in [name of transferee county] County, Texas, is ORDERED to file and docket the suit in the appropriate court under the same procedures as those used for filing an original action. The [county/district] clerk shall notify the judge of the transferee court, all parties, [and] the clerk of this Court [include if applicable, and [this Court’s local registry/the state disbursement unit] that the suit has been docketed.
The clerk of this Court is ordered to transmit, not later than the tenth working day after the date this order is signed, in accordance with the provisions of the Texas Family Code, the following documents:
1.The pleadings in the pending proceeding.
2.A certified copy of all entries in the minutes.
3.A certified copy of each final order.
4.A certified copy of this order signed by this Court.
[5. [Specify any additional document[s] requested.]]
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If the transferring court does not retain jurisdiction of another child in the suit, the court retains a copy of the transferred pleadings and documents. If that court retains jurisdiction of another child in the suit, the court retains the original pleadings and documents. |
The clerk of this Court is ordered to keep [a copy/the original] of the transferred pleadings and documents.
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If an order or writ orders payment of child support, include the following. |
IT IS FURTHER ORDERED that [specify in detail the order for payment of child support to the state disbursement unit].
The clerk of this Court is ordered to send a certified copy of this order to [specify all parties and employers affected by the child support order] and to the state disbursement unit.
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Continue with the following. |
All costs, including certified or other copying expenses and postage, are taxed against [name], for which let execution issue.
SIGNED on ________________________________.
JUDGE PRESIDING
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Include as applicable if agreed order. |
AGREED TO AND APPROVED:
Petitioner
Respondent
Attorney for Petitioner
Attorney for Respondent