Mandatory Motion to Transfer

[patton]

State is Texas.

I have permanent sole custody of son since August 19, 2003. Case is in another county 240 miles roundtrip for me.  

I have never lived in the county, nor has the mother of the child.  Mother has moved twice since the rendition of the original order.

The Attorney General Office filed Contempts on mother for non-payment of child support.  Mother lied to attorney general office in court this week and said her attorney was out of town.  Postponement was granted and new hearing set for July 30th.

The mother's attorney did a Motion for Withdrawl of Counsel which was heard on May 14, 2004, and granted to mother's attorney.

The Child Support Manager, POI and WI Sections has taken a special interest in my case and ask me to let her know the outcome of the hearing.

Texas Family Code 155.201
Mandatory Transfer

(b) If a suit to modify or a motion to enforce an order is filed in the court having continuing, exclusive jurisdiction or a suit, on the timely motion of a partyt he court shall transfer the proceeding to another county in this state if the child has resided in the other county for six months or longer.
(c) If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to modify or motion to enforce is filed, the court may transfer the proceeding as proved by subsection (b) only if hte court could have transferred the proceeding at the time the first motion or suit was filed.

1. Will I be able to transfer the case up here before the July 30th hearing if I file the motion this week?

2. Should I contact the Attorney General's office of Texas and let them know she lied about her attorney?   ( I have the signed paperwork-copy)

3. Does this sound like a mandatory transfer to you?

4. Would there be anything to stop the transfer?

5. Do you think the Attorney General's office would move the case up here to my county?

Thanks for your time

[socrateaser]

>1. Will I be able to transfer the case up here before the July
>30th hearing if I file the motion this week?

I'm not sure how TX law defines a timely motion, but I'd say that a motion to transfer filed more than 30 days prior to a hearing would be reasonably allowed. (in short, yes).

>
>2. Should I contact the Attorney General's office of Texas and
>let them know she lied about her attorney?   ( I have the
>signed paperwork-copy)

No, perjury is a "material" false statement. The mother's lie isn't really material to your case.

>
>3. Does this sound like a mandatory transfer to you?

Yes.

>
>4. Would there be anything to stop the transfer?

The court may decide that "judicial efficiency" argues more for maintaining the venue than does convenience, and use the timeliness of the motion as an excuse. The statute has no real teeth, because you would have to appeal the court's failure to transfer, and you're not gonna do that.

>
>5. Do you think the Attorney General's office would move the
>case up here to my county?

It's up to the court, not the attorney general.