Texas Child Protection Law Bench Book
Updated September 2025
B. Jurisdiction, Transfer, and Venue
1. Jurisdiction
A suit brought by DFPS requesting an order under Tex. Fam. Code Chapter 262 may be filed in a court with jurisdiction to hear the suit in the county in which the child is found. Tex. Fam. Code § 262.002.
DFPS must file each suit based on allegations of abuse or neglect arising from the same incident or occurrence and involving children living in the same home in the same court. Tex. Fam. Code § 262.015.
If a court of this state has acquired continuing, exclusive jurisdiction, no other court of this state has jurisdiction of a suit with regard to that child except as provided by Tex. Fam. Code Chapter 155, Tex. Fam. Code § 103.001(b), or Tex. Fam. Code Chapter 262. Tex. Fam. Code § 155.001(c).
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction over child custody issues between Texas and other states.[5] Tex. Fam. Code Chapter 152 codifies the UCCJEA into state law.
Except as provided in Tex. Fam. Code § 152.204, a Texas court may not modify a child custody determination made by a court of another state unless:
• The Texas court has jurisdiction to make an initial determination under Tex. Fam. Code § 152.201(a)(1)-(2); and
• The court of the other state determines it no longer has exclusive continuing jurisdiction, or that the Texas court would be a more convenient forum, or either court determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. Tex. Fam. Code § 152.203.[6]
For more information, see UCCJEA Flow Chart.[7]
2. Transfer
On receiving notice that a court exercising emergency jurisdiction under Chapter 262 has ordered the transfer of a suit affecting the parent-child relationship under Tex. Fam. Code § 262.203(a)(2), a court of continuing, exclusive jurisdiction (CCEJ) must transfer the proceedings to the court exercising jurisdiction under Tex. Fam. Code Chapter 262. Tex. Fam. Code § 155.201(d). The court exercising emergency jurisdiction under Tex. Fam. Code Chapter 262 may transfer the suit affecting the parent-child relationship to the CCEJ if the transfer is necessary for the convenience of the parties and if transfer is in the child's best interest. Tex. Fam. Code § 262.203(a)(1). A court exercising jurisdiction under Tex. Fam. Code Chapter 262 may also transfer the suit affecting the parent-child relationship if grounds exist for transfer based on improper venue, to the court having venue of the suit under Tex. Fam. Code Chapter 103. Tex. Fam. Code §§ 103.002, 262.203(a)(3). However, a court hearing the case under Chapter 262 must transfer any suit affecting the parent child relationship to the court in which the suit for dissolution of marriage is pending once the Tex. Fam. Code Chapter 262 court has rendered a final order. Tex. Fam. Code § 6.407. For more information, see CCEJ Decisions Chart.[8]
A motion to transfer relating to a suit filed under Tex. Fam. Code Chapter 262 may be filed separately from the petition and is timely filed while the case is pending. Tex. Fam. Code § 262.203(b).
DFPS is required to file a transfer order issued under Tex. Fam. Code § 262.203(a)(2) with the clerk of the CCEJ so that the clerk of the CCEJ can, within the time required by Tex. Fam. Code § 155.207(a), transfer the case to the court exercising jurisdiction under Chapter 262. Tex. Fam. Code § 155.204. Pursuant to Tex. Fam. Code § 262.203, 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 (AAL) or guardian ad litem (GAL) appointed in the suit. Tex. Fam. Code § 262.203(d).
The court to which a suit affecting the parent-child relationship 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).
Tex. Fam. Code § 155.207 addresses 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 to which the transfer is being made:
• A transfer certificate and index of transferred documents;
• A copy of each final order;
• A copy of the order of transfer signed by the transferring court;
• A copy of the pleadings in the pending proceeding and any other document specifically requested by a party;
• A copy of the transfer certificate and index of transferred documents from each previous transfer; and
• A bill of any costs that have accrued in 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).
3. Venue
An original suit shall be filed in the county where the child resides, unless:
• Another court has continuing exclusive jurisdiction under Tex. Fam. Code Chapter 155; or
• Venue is fixed in a suit for dissolution of marriage under Tex. Fam. Code Subchapter D, Chapter 6. Tex. Fam. Code § 103.001(a).
A child resides in the county where the child's parents reside or the child's parent resides, if only one parent is living, with certain exceptions. Tex. Fam. Code § 103.001(c).