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| | Transfer When Party or Child Is Nonresident |
If one party is a Texas resident and one or more of the other parties and the child or all the children affected by the proceedings reside outside Texas, and if the action is filed in a county other than the county of residence of the resident party, the court must transfer the proceeding to the county of residence of the resident party.
When more than one person resides in Texas.
If one or more of the parties affected by the proceedings reside outside Texas, and if more than one party or one or more children affected by the proceeding reside in Texas in different counties, the court must transfer the proceeding according to the following priorities:
1st. To the court of continuing, exclusive jurisdiction, if any.
2nd. To the county of the child's residence, if applicable, provided that the court of continuing, exclusive jurisdiction finds that neither a party nor a child affected by the proceeding resides in the county of the court of continuing jurisdiction.
3rd. To the county most appropriate to serve the convenience of the resident parties and the witnesses and the interest of justice
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