On a motion of any party or the court’s own motion, the court that rendered the temporary order shall:
- Transfer the suit to the court of continuing, exclusive jurisdiction, if any;
- Order transfer of the suit from the court of continuing, exclusive jurisdiction, if grounds exist for mandatory transfer; or
- Order transfer of the suit to the court having venue, if grounds exist for transfer based on improper venue. Tex. Fam. Code § 262.203(a).
1. When Transfer is Discretionary
A court exercising jurisdiction under Tex. Fam. Code Chapter 262 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 Tex. Fam. Code Chapter 263. Tex. Fam. Code § 262.203(c).
2. Order of Transfer
An order of transfer must include:
• The date of any future hearings in the case that have been scheduled by the transferring court;
• Any date scheduled by the transferring court for the dismissal of the suit under Tex. Fam. Code § 263.401; and
• The name and contact information of each attorney ad litem or guardian ad litem appointed in the suit. Tex. Fam. Code § 263.203(d).
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:
• The 10th day after the date of receiving the order of transfer; or
• The date of the first scheduled hearing after the transfer. Tex. Fam. Code § 262.203(e).
3. Transfer of Court Files
Tex. Fam. Code § 155.207(a) and Tex. Fam. Code § 155.207(c) address the transfer of court files from one jurisdiction to another. Not later than the 10th working day after the date an order of transfer is signed, the clerk of the court transferring a proceeding shall send to the proper court in the county to which transfer is being made:
• The pleadings in the pending proceeding and any other document specifically requested by a party;
• Certified copies of all entries in the minutes;
• A certified copy of each final order; and
• A certified copy of the order of transfer signed by the transferring court. Tex. Fam. Code § 155.207(a).
On receipt of the pleadings, documents, and orders from the transferring court, the clerk of the transferee court shall docket the suit and shall notify the judge of the transferee court, all parties, the clerk of the transferring court, and, if appropriate, the transferring court’s local registry that the suit has been docketed. Tex. Fam. Code § 155.207(c).