As with a Texas divorce, sometimes people have questions as to where a child custody or suit affecting parent child relationship case should be filed. The Texas Family Code chapter 103 sets the rules for the proper place to file a child custody case.
Texas Family Code section 103.001 states that cases should be filed in the county where the child resides unless another court already has jurisdiction over the child or the child is part of a divorce case in another county.
A child is said to reside in the county where both the parents reside or in the county where the only living parent resides. A residence is meant to include where the family intended to have a permanent residence. Briefly leaving a county for a couple of weeks with no intent to stay away should not change the child’s residence.
If a custody order is already in place and one party is sole managing conservator then the child resides where the sole managing conservator lives. If a joint managing conservator parent has the exclusive right to designate the child’s residence then the child resides in whatever county that parent lives.
Now if there was a prior court order but the sole managing conservator or the primary joint managing conservator has moved to another county then the case can be transferred to that county.
The main idea is that if a custody case is necessary it should be determined where the primary connections to the child are, i.e. family, doctors, teachers, etc.
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