What Do I Need to Do to Get My Case Transfered to Another State
My question involves a child custody case from the State of: Texas
My divorce was finalized in Texas. I have full custody and he has possesorary. Me and my child have been living in Louisisana for the last year and half. The AG office in Texas filed suit on father for not paying child support in 2 years. He counter claimed and is filing for full custody. He is wanting an attourney ad litem and all kinds of things. Wants child to talk to Judge in chambers, claiming neglect of child, and alienation of him. At first I thought it would be easier to just go to the court date and be done with it but he is doing everthing pro se so nothing is getting done. I am about to obtain a lawyer in Texas, but what I need to know is if I can get this transfered to Louisiana? Do I do this with an attourney in Texas? After judge accepts tranfering jurisdiction then what needs to happen? Thank you in advance!
Father has failed to stay in childs life for the last 4 years.
I have a no county restriction in my divorce decree.
Re: What Do I Need to Do to Get My Case Transfered to Another State
No, while Dad is still in Texas and there are orders out of Texas, jurisdiction will remain in Texas.
However I can't see Dad getting custody unless there is actually a solid case of neglect and alienation.
Re: What Do I Need to Do to Get My Case Transfered to Another State
The means of getting a custody case transferred to the child's new state of domicile, after the child has lived there for six or more months, is to file a petition under the UCCJEA for the new state to take jurisdiction. That will not ordinarily happen if there are open proceedings in the state that issued the most recent custody order. It's also something best done by a lawyer, as it's a bit tricky to do correctly.
Re: What Do I Need to Do to Get My Case Transfered to Another State
Thank you for your replies! Yes I plan on getting a lawyer to do this. I just dont see how the courts can make a good decision without looking at her life now... which is in louisiana. I dont see how its doing anybody any good for it to be in Tx. She has already missed 3 days of school due to this. And once an ad litem is pointed Im sure it will be a lot more than that. I just think that if it was here the court would be able to see her life here without so much disturbance of her and my life to do so. He doesnt work and has all this time. He should do the traveling. My daughter is suffering because of it being in TX. Its taking away from my income which makes it harder on both of us. I am always missing work to travel to TX and she is missing school. We are both tired physically from the traveling. He hasnt paid child support in 2 years owes 13000 + in arrears. I am on a fixed income and since all this my car has broke down 2 times. It is finicially breaking me.
Re: What Do I Need to Do to Get My Case Transfered to Another State
What do the court orders say about you moving from Texas?
Re: What Do I Need to Do to Get My Case Transfered to Another State
They never said anything. I notified them certified mail before my move out of state. Me and my ex agreed and had a no geographical restriction put in our decree because we both planned on moving out of state.