A SAPCR Follows the Divorce Case Regardless of Children’s Residence

The Waco Court of Appeals conditionally granted a writ of mandamus when a Limestone County district court denied a request to transfer a pending SAPCR to Dallas County. Under Texas Family Code section 155.201(a),* transfer of the SAPCR was mandatory. It made no difference that the children had resided in Limestone County for several years with their aunt while their parents were incarcerated. In re Bigham, No. 10-132-00355-CV (Tex. App. – Waco Jan. 23, 2014, orig. proceeding) (men. op.).

* Section 155.201(a) reads:

On the filing of a motion showing that a suit for dissolution of the marriage of the child’s parents has been filed in another court and requesting a transfer to that court, the court having continuing, exclusive jurisdiction of a suit affecting the parent-child relationship shall, within the time required by Section 155.204, transfer the proceedings to the court in which the dissolution of the marriage is pending. The motion must comply with the requirements of Section 155.204(a).

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