You had your custody case decided in Austin, then life moved you east to Bastrop. Now something needs to change with the order, and you’re staring at an obvious question: do you go back to the Travis County court that made the order, or file where you live now in Bastrop County? In Texas, the answer usually surprises people. The original court keeps control of your case, sometimes for years, even after everyone has moved away. It’s a rule called continuing exclusive jurisdiction, and understanding it saves you from filing in the wrong county and starting over. Here’s how it works.
Key Takeaways
- The Texas court that issued your final custody order keeps “continuing exclusive jurisdiction” over the case.
- Moving from Travis County to Bastrop County does not automatically move your case with you.
- To change the order, you generally file in the original court, then may ask to transfer the case.
- If the child has lived in the new county for six months or more, a transfer is often mandatory on a proper request.
What continuing exclusive jurisdiction means
When a Texas court enters a final order on custody and support, that court doesn’t just walk away. Under the Texas Family Code, it keeps continuing exclusive jurisdiction, meaning it remains the one court with the power to modify the order. If your divorce or custody case was decided in Travis County, the Travis County court holds that authority even after you, your ex, and the kids have all left Austin.
The word “exclusive” is the important one. It means no other court can change your order while that jurisdiction is in place. So if you move to Bastrop and file a modification in the Bastrop County court without dealing with the original court’s jurisdiction, your case can be dismissed or bounced, costing you time and filing fees. The order didn’t follow you home just because you moved.
How to actually get your case to Bastrop
The good news is that Texas has a clean process for moving the case to where the child now lives. When a child has lived in a new county for at least six months, a parent can file a motion to transfer the case from the original court to the new county. If the request is proper and the six-month requirement is met, the transfer is generally mandatory, meaning the Travis County court must send the case to Bastrop County.
That’s a sensible rule, because the county where the child lives is usually where the witnesses, the school, the doctors, and the day-to-day evidence are. Once the transfer goes through, the Bastrop County court takes over continuing jurisdiction and handles the modification and everything after it. The key is doing it in the right order: address the original court’s jurisdiction and request the transfer, rather than simply filing fresh in the new county.
Why the six-month rule matters
The six-month mark is the hinge. If your child has lived in Bastrop County for six months or more, you’re in strong position to move the case there. If the move is more recent, the original Travis County court may keep the case for now, and you might have to litigate the modification in Austin until the clock runs. For a parent who just relocated, that can mean driving back to the county you left for hearings, at least for a while.
This is also why timing your filings matters. Filing a modification the week after you move, versus waiting until the six-month threshold is met, can change which county hears your case. That’s a strategic decision worth thinking through with a lawyer rather than guessing.
What can trigger a modification in the first place
Jurisdiction is only half the picture. To actually change a custody order, Texas requires a material and substantial change in circumstances since the last order, plus proof that the change you’re asking for is in the child’s best interest. A cross-county move is often exactly the kind of change that opens the door, because it can affect the possession schedule, the geographic restriction, and the practical logistics of co-parenting.
So the Austin-to-Bastrop move can be both the reason you need a modification and part of the reason a court has to sort out which county hears it. Handling both pieces, the jurisdiction question and the modification itself, in the right sequence keeps your case from stalling. An attorney who regularly handles Bastrop County family law cases can map out the cleanest path from the order you have to the one you need.
Common mistakes when a parent moves
The two most frequent errors are filing in the wrong county and moving the child before sorting out the order. Filing a modification in Bastrop when Travis County still holds jurisdiction wastes money and time. And relocating a child in a way that violates a geographic restriction, before getting agreement or permission, can trigger enforcement and hurt your case. The move that felt like a fresh start can create two separate legal problems if it’s not handled in the right order.
What a transfer actually involves
A transfer isn’t just a form; it moves your entire case file from one county to another. Once a proper motion to transfer is granted, the original Travis County clerk sends the case records to the Bastrop County clerk, and the Bastrop court picks up where the other left off. Your existing orders stay in effect the whole time, so the children’s schedule and support don’t lapse during the handoff.
The practical upside is real. After the transfer, hearings, filings, and future modifications all happen close to where you now live, near the child’s school, doctors, and daily life. That saves the long drives back to Austin and puts the case in front of a court familiar with your community. Getting the timing and the paperwork right is what makes a transfer smooth instead of a source of delay.
Local knowledge across the Austin-to-Bastrop line
Because these cases straddle two counties, it helps to work with a firm comfortable in both. Travis and Bastrop County courts run differently, and knowing what each expects, and how transfers tend to go between them, keeps a case moving. Tyler Key is a Hays County native who has practiced family law across Central Texas, including the Travis and Bastrop courts, for more than a decade. If you’ve moved from Austin to Bastrop and need to change a custody order, our Bastrop family law team offers free consultations and serves Bastrop, Travis, Hays, and Comal counties.
Frequently asked questions
If I move from Austin to Bastrop, which court handles my custody case?
Usually the original Travis County court that issued the order, because it keeps continuing exclusive jurisdiction. The case doesn’t automatically move to Bastrop just because you did.
Can I transfer my custody case to Bastrop County?
Yes. If your child has lived in Bastrop County for at least six months, you can file to transfer the case, and the transfer is generally mandatory when properly requested.
What is continuing exclusive jurisdiction?
It’s the rule that the Texas court that made your final custody order keeps the sole power to modify it, even after the family moves, until the case is properly transferred to another county.
What do I need to prove to modify a custody order?
A material and substantial change in circumstances since the last order, and that the change you’re requesting is in the child’s best interest. A significant move often qualifies as that change.
What happens if I file in the wrong county?
Your case can be dismissed or transferred, costing you time and filing fees. It’s important to address the original court’s jurisdiction and request a transfer rather than filing fresh where you now live.