What is the difference between mandatory transfer under Section 155.204(c) and Section 155.204(e)?

Q: What is the difference between mandatory transfer under Section 155.204(c) and Section 155.204(e)?

In re Steven Broomfield and Lisa Broomfield: Mandamus relief is not a shortcut to bypass statutory hearing requirements; even for "mandatory" transfers, you must allow the trial court a reasonable opportunity to conduct a scheduled hearing and issue a ruling before seeking appellate intervention.

This question has been addressed in 1 Texas court opinion:

In re Steven Broomfield and Lisa Broomfield

COA06 — February 5, 2026

Relators sought a writ of mandamus to compel a Panola County court to grant a mandatory transfer of a SAPCR proceeding to Smith County, where an adoption was pending, pursuant to Texas Family Code Section 155.201(a-1). The child's mother had filed a controverting affidavit, and the trial court had scheduled a hearing on the matter. The Sixth Court of Appeals analyzed the statutory framework, noting that while Section 155.201(a-1) is mandatory, Section 155.204(e) requires a hearing when a transfer is contested. The court held that mandamus relief was inappropriate because the Relators failed to show that the trial court had refused to rule or that an unreasonable amount of time had passed, especially since a hearing was already on the docket.

Litigation Takeaway

“Mandamus relief is not a shortcut to bypass statutory hearing requirements; even for "mandatory" transfers, you must allow the trial court a reasonable opportunity to conduct a scheduled hearing and issue a ruling before seeking appellate intervention.”