Q: can i transfer my suit after final hearing has started if I subsequently filed for dissolution in another county
Transfer of suit affecting parent child relationship after final hearing commenced to another county where I just filed for divorce.
The parties are the same in both cases: Grandmother vs Husband and Wife (SAPCR) and Wife vs. Husband and Grandmother (Divorce)
A:
Probably not. Proper venue is determined by the facts existing at or before a case is filed. A motion to transfer venue typically must be filed early in a case or it is waived. If a final hearing has already commenced in the first-filed SAPCR, it would not be judicially efficient to transfer the case to the county where the more recent divorce proceeding has been filed.
When the final judgment is entered in the SAPCR, you can plead the doctrine of res judicata so that the outcome of the custody, possession, access, and support issues in the divorce case match what is decided in the SAPCR.
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