This question has been addressed in 1 Texas court opinion:
COA13 — February 17, 2026
In this SAPCR proceeding, Relator Yaneth Lopez sought a mandatory venue transfer under Texas Family Code § 155.201(b), arguing the child had resided in a different county for six months and that the opposing party failed to file a controverting affidavit. The trial court denied the motion. On review, the Thirteenth Court of Appeals analyzed the request under the standard mandamus framework, noting that while venue transfers are often mandatory, the Relator still carries the burden of providing a sufficient record under Texas Rule of Appellate Procedure 52 to prove a clear abuse of discretion. The Court held that because the Relator failed to provide an adequate record establishing the trial court's error or the lack of an adequate remedy on appeal, the petition for writ of mandamus must be denied.
Litigation Takeaway
“A mandatory venue statute does not guarantee mandamus relief; practitioners must meticulously curate the appellate record, including all supporting affidavits and hearing transcripts, to affirmatively prove the trial court's abuse of discretion.”