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  1. #1

    Default Ex- is Seeking to Modify Custody Despite Agreement

    My question involves a marriage in the state of:Texas

    My question:

    I had a divorce in Texas. I was awarded custodial parent with education, medical and residency. Ex-Wife lived in another state with kids. I had 48 hours to drive there and get the kids and bring them back to Texas. A year and half later I let the kids live with their mother (we signed an agreement that this is temporary and I will get full residency again -I was planning on moving to that other state). Kids have been there for 5 months and just found out that ex wife has attorney and filed in that other state to modify the decree. I was told that since I still live in Texas - Texas has the jurisdiction of the decree and cannot be modified in another state unless it's an emergency.

    If the divorce happened in Texas and the final decree in Texas 1 1/2 years ago - can she really have it modified in another state?

  2. #2
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    Default Re: Ex- is Seeking to Modify Custody Despite Agreement

    I have no access to the documents that your ex- filed with the court in whatever state she's in, but I expect that she's arguing that you have permanently relocated the children to that state and either that you have abandoned, or are in the process of abandoning, your own domicile in Texas. If you remain domiciled in Texas, you may bring your own action in the Texas court asking that it retain jurisdiction and order that custody remain with you. I suggest consulting a family lawyer.

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