Humble, TX asked in Family Law for Texas

Q: In Texas can a family law case be dismissed If the plaintiff files it in the wrong county?

My ex has sued Me for custody of our daughter but has filed in the incorrect county. Although our divorce was finalized in Montgomery county Texas and order was issued granting the transfer to Harris County giving them jurisdiction over the case in 2016. I know that the motion to transfer must be filed before any other pertaining items are filed regarding the case or I lose the option to transfer. Since it was filed in the wrong county and it doesn’t need to be transferred so much as correctly filed Can I file a motion to dismiss the case with Montgomery county On the grounds of incorrect venue? Or do I just file a transfer?

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1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: Your question is somewhat unclear. However, if the case was validly transferred from Montgomery County to Harris County, then the proper venue to file for any future court proceedings regarding the child is in Harris County.

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