Motion, affidavits and order to change venue 1. Chapter 103 of the Texas Family Code covers many applications of transfer of venue in suits affecting the parent-child relationship. The section is frequently modified, as it was during the 1999 legislature. The code should be carefully studied during any change or transfer proceeding to ensure the most recent changes are included in the practice. Form: Motion to change venue

NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

MOTION FOR CHANGE OF VENUE

[Petitioner Name], Movant brings this Motion for Change of Venue and in support shows:

1. Reason for Change of Venue

1.1 Movant seeks a change of venue because there is so great a prejudice against Movant in this

county that a fair and impartial trial cannot be obtained.

2. Proper County

2.1 Movant seeks a change of venue to [Suit County] County, Texas, which is a county in

which venue is proper.

3. Affidavit Attached

3. Movant's affidavit is attached along with those of three credible residents of this county.

Prayer

Movant prays the Court grant this Motion for Change of Venue.

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Respectfully Submitted, ______________________________ [Law Firm Name] By ____________________________ ______________________________ [Attorney’s Name] [Attorney for Client Role] [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

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NOTICE OF HEARING

The above motion is set for hearing on ____________, at [Hearing Time], [Place], [Address].

____________________________ Judge or Clerk

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CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served upon all attorneys of record and any parties who are not represented by an attorney on ___________________. Attorney for: Other attorney’s client’s name Attorney’s name: Other attorney’s name Attorney’s address Other attorney’s address Type of Service: ___ U.S. Mail, certified return receipt requested no. ___________________. ___ U.S. Mail, first class. ___ Hand delivery by [name of delivery service]: ___________________________. ___ Facsimile transmission to _____________________ [fax number] before 5 p.m.

________________________ [Attorney’s name]

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NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

AFFIDAVIT

On [Date of Affidavit], [Affiant for Change of Venue] APPEARED before me, and after

being placed under oath, confirmed the truth of the following statements:

"My name is [Affiant for Change of Venue]. I am over the age of 18 and competent to make this oath. "It is not possible for [Petitioner Name] to obtain a fair and impartial trial in [Suit County] County, Texas because there is a great prejudice against me/Movant. "The reasons for the prejudice include the following: a. [Reason for Prejudice] "This suit should be heard in [Suit County] County, Texas, where it is possible to obtain a fair and impartial trial. "The statements contained herein are true, upon my oath."

__________________________ [Affiant for Change of Venue]

State of Texas County of ____________ Subscribed and sworn to before me by _________________________on _______________. ______________________________________ Notary Public, State of Texas ______________________________________

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Notary's typed or printed name My commission expires:__________________ [or Notary's Stamp]

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NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

AFFIDAVIT

On [Date of Affidavit], [Petitioner Name] APPEARED before me, and after being placed

under oath, confirmed the truth of the following statements:

"My name is [Petitioner Name]. I am over the age of 18 and competent to make this oath. "It is not possible for me to obtain a fair and impartial trial in [Suit County] County, Texas, because there is a great prejudice against me. "The reasons for the prejudice include the following: a. [Reason for Prejudice] "This suit should be heard in [Suit County] County, Texas, where it is possible to obtain a fair and impartial trial. "The statements contained herein are true, upon my oath."

________________________ [Petitioner Name]

State of Texas County of ____________ Subscribed and sworn to before me by _________________________on _______________. ______________________________ Notary Public, State of Texas ______________________________

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Notary's typed or printed name My commission expires: _________ [or Notary's Stamp]

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NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

AFFIDAVIT

On [Date of Affidavit], [Witness Name] APPEARED before me, and after being placed

under oath, confirmed the truth of the following statements:

"My name is [Witness Name]. I am over the age of 18 and competent to make this oath. "I am a resident of [Suit County] County, Texas and I have personal knowledge of the facts stated in this affidavit. "It is not possible for [Petitioner Name] to obtain a fair and impartial trial in [Suit County] County, Texas because there is a great prejudice against [Petitioner Name]. "The reasons for the prejudice are: [Reason for Prejudice] "This suit should be heard in [Proper Venue County] County, Texas, where it is possible to obtain a fair and impartial trial. "The statements contained herein are true, upon my oath."

______________________ [Witness Name]

State of Texas County of ____________ Subscribed and sworn to before me by _________________________on _______________. ______________________________ Notary Public, State of Texas

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______________________________ Notary's typed or printed name My commission expires: _________ [or Notary's Stamp]

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Form: Affidavit of witness, venue change

NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

AFFIDAVIT

On [Date], [Witness Name] APPEARED before me, and after being placed under oath,

confirmed the truth of the following statements:

"My name is [Witness Name]. I am over the age of 18 and competent to make this oath. "I am a resident of [Suit County] County, Texas and I have personal knowledge of the facts stated in this affidavit. "It is not possible for [Petitioner Name] to obtain a fair and impartial trial in [Suit County] County, Texas because there is a great prejudice against [Petitioner Name]. "The reasons for the prejudice are: [Reason for Prejudice] "This suit should be heard in [Proper Venue County] County, Texas, where it is possible to obtain a fair and impartial trial. "The statements contained herein are true, upon my oath."

______________________ [Witness Name]

State of Texas County of ____________ Subscribed and sworn to before me by _________________________on _______________. ______________________________ Notary Public, State of Texas

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______________________________ Notary's typed or printed name My commission expires: _________ [or Notary's Stamp]

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Form: Affidavit of party, venue change

NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

AFFIDAVIT

On [Date], [Petitioner Name] APPEARED before me, and after being placed under oath,

confirmed the truth of the following statements:

"My name is [Petitioner Name]. I am over the age of 18 and competent to make this oath. "It is not possible for me to obtain a fair and impartial trial in [Suit County] County, Texas, because there is a great prejudice against me. "The reasons for the prejudice include the following: a. [Reason for Prejudice] "This suit should be heard in [Proper Venue County] County, Texas, where it is possible to obtain a fair and impartial trial. "The statements contained herein are true, upon my oath."

________________________ [Petitioner Name]

State of Texas County of ____________ Subscribed and sworn to before me by _________________________on _______________. ______________________________

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Notary Public, State of Texas ______________________________ Notary's typed or printed name My commission expires: _________ [or Notary's Stamp] For Preview Only - Please Do Not Copy

Form: Order on motion for change of venue

NO: [Cause Number] IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME]

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IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS

ORDER FOR CHANGE OF VENUE

On [Hearing Date], the Court considered the Motion of [Petitioner Name], Movant, for

Change of Venue.

The Court ORDERS a change of venue in this cause to [Proper Venue County] County,

Texas. The Court FURTHER ORDERS that all pleadings and other documents in the file be

transmitted by the Clerk of this Court to the Clerk of the District Court of [Proper Venue County]

County, Texas.

Signed on ____________.

____________________________

JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: _____________________________ [Law Firm’s or Attorney’s Name] Attorney for Plaintiff [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] APPROVED AS TO FORM ONLY:

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_____________________________ [Law Firm’s or Attorney’s Name] Attorney for Defendant [Address] [Telephone & facsimile numbers] Texas Bar no. [Number]

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