Short answer. A petition to get around a spouse's withheld consent is heard by whichever court is authorized to hear family cases in the area, and if no such family court exists there, by the regional trial court or its equivalent sitting where either spouse resides. Notice to the other spouse must be shown first.
What the law says
Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides.
Family Code, Article 241 — Jurisdiction Over the Petition. Read the full provision →
The family court is the primary venue
Article 241 directs the petition to the court authorized to hear family cases in the locality, wherever such a court exists. This is the default venue built into the rule, and it reflects that this kind of proceeding belongs to the courts set up specifically to handle family disputes rather than an ordinary trial court hearing a mixed docket of unrelated civil and criminal matters. Filing with the family court first is the pathway the article sets out before any fallback applies.
Where there is no dedicated family court
Not every locality has a court specifically authorized to hear family cases. Article 241 covers that gap directly: in its absence, jurisdiction falls to the regional trial court, or a court equivalent to it, sitting in the place where either spouse resides. The petitioner is not limited to filing only where they themselves live — the residence of either spouse fixes proper venue.
Notice to the other spouse is a precondition
The court's jurisdiction under this article is exercised only upon proof of notice to the other spouse. That proof is not a formality tacked on after the fact — the article ties the court's authority to act to it being shown first. A petition that cannot demonstrate the other spouse was given notice does not fit the jurisdictional pathway this article describes.
What the statute does not settle
Article 241 fixes which court hears the case; it does not itself spell out the form the notice must take, what counts as sufficient proof of it, or the grounds on which a petition to bypass a spouse's consent may succeed. Those questions turn on the specific facts and the applicable procedural rules, and are not answered by this jurisdictional provision alone. Anyone considering such a petition should treat the notice requirement as a real precondition, not paperwork to sort out later. That procedural detail is filled in by a companion provision: Article 242 has the court notify the other spouse upon the petition's filing and order that spouse to show cause why the petition should not be granted, with notice served at their last known address.