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| | Identifying Court of Continuing, Exclusive Jurisdiction |
A suit to modify an order affecting the parent-child relationship must be filed in the court of continuing, exclusive jurisdiction. If venue is no longer proper in the court of continuing, exclusive jurisdiction, transfer to another court is available under appropriate circumstances.
Acquiring Continuing, Exclusive Jurisdiction
In general, a court acquires continuing, exclusive jurisdiction when it renders a final order in a suit with respect to the child or children in question In a modification suit, the court with continuing, exclusive jurisdiction will be the court that rendered the order sought to be modified, unless that court later transferred jurisdiction. The court of continuing, exclusive jurisdiction is the correct forum even if venue has become improper due to a change in the child's residence.
Exceptions to general rule.
Although as a general rule rendition of a final order confers continuing, exclusive jurisdiction on the court, the following final orders do not create continuing, exclusive jurisdiction :
- A voluntary or involuntary dismissal of a suit affecting the parent-child relationship.
- In a suit to determine parentage, a final order finding that an alleged or presumed father is not the biological father of the child, except that the jurisdiction of the court is not affected if the child was subject to the jurisdiction of the court or some other court in a SAPCR before the commencement of the suit to determine parentage.
- A final order of adoption.
Requesting Identification From Bureau of Vital Statistics .
Identification of the court that last had jurisdiction of the child in a SAPCR proceeding may be obtained from the bureau of vital statistics. This must be done unless the petition alleges either that: · No court has continuing, exclusive jurisdiction of the child; or · The court in which the present suit to modify is filed is the court of continuing, exclusive jurisdiction as the result of a prior proceeding. These exceptions to the need to request information from the bureau of vital statistics apply only if the issue of which court has continuing, exclusive jurisdiction is not disputed by the pleadings. The issue is considered to be disputed by the pleadings if the responding party's pleadings dispute the petition's allegations concerning the court of continuing, exclusive jurisdiction or if the petition itself contains contradictory allegations as to the existence of a court of continuing, exclusive jurisdiction.
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