Shreveport, LA asked in Family Law for Texas

Q: is it mandatory for a custody case to be transferred to another county?

I'm currently trying to get back custody of my son but am being told the hold up is the case needs to be transferred but the opposing attorney isn't doing anything.

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2 Lawyer Answers
Jon R. Boyd
Jon R. Boyd
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: Hi - I assume both parties and the child live in Texas and the original order was in Texas?

If so, under Texas law, if the child has been living in another county in Texas for at least 6 mos. (besides the county where the case has been handled thus far), and if a party timely requests a transfer, it is mandatory for the court to transfer the case to the new county. Many times, though, a party does not timely request the transfer and they then waive the right to have it transferred. The Motion to Transfer must be filed at the same time the suit is filed or, if the Respondent is the party requesting the transfer, then Respondent must file the Motion to Transfer at the same time he initially answers or appears to defend the suit.

Hope this helps you.

Jon R. Boyd
Jon R. Boyd
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: A: Hi - I assume both parties and the child live in Texas and the original order was in Texas?

If so, under Texas law, if the child has been living in another county in Texas for at least 6 mos. (besides the county where the case has been handled thus far), and if a party timely requests a transfer, it is mandatory for the court to transfer the case to the new county. Many times, though, a party does not timely request the transfer and they then waive the right to have it transferred. The Motion to Transfer must be filed at the same time the suit is filed or, if the Respondent is the party requesting the transfer, then Respondent must file the Motion to Transfer at the same time he initially answers or appears to defend the suit.

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