Legal Question in Family Law in Minnesota
Change of Venue for Child Custody
What do we need to do to get jurisdiction changed from Minnesota (Hennepin County) to Texas (Bexar County). This specically relates to custodial parent (sole-physical custody) seeking a change from where the divorce was originally granted to where the I (custodial parent) currently live. Purpose of this is in the event that my status as the sole-physical custodian is challenged. Any estimates as to the cost as well? Finally, who would handle it -- a lawyer in MN or one in Texas? If possible, generally how long does it take to grant one of these?
3 Answers from Attorneys
Re: Change of Venue for Child Custody
There's not enough information in your question for me to do much of an answer. I just want to make a comment. If the noncustodial parent is still a resident of Minnesota and if you removed the child or children permanently from the state of Minnesota without either a court order approving the move or written permission from the noncustodial parent, you have a problem. Not only does Minnesota retain jurisdiction over the child, but our statute specifically states that this is grounds for a change of custody.
If that is your circumstance, you need a Minnesota lawyer - quickly.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice conerning the details of your case.
Re: Change of Venue for Child Custody
If you have been in Texas for six months and in
the county of your residence for the past ninety
days then you can get the case transferred,
by a Texas Attorney. e-mail me.
Re: Change of Venue for Child Custody
To greatly oversimplify some complex jurisdictional law, the general rule is that if the kids have lived in Texas with you for six months or more, Texas will have jurisdiction over questions of custody. You don't really have to do anything - the change in jurisdiction is automatic. You might consider "domesticating" the Minnesota decree in Texas - this amounts to little more than filing it here. Really, you should go see a Texas attorney pretty quickly if you expect some custody problems coming up - there may be some things I don't know about that could change the answer I have given you. I run a listserv called "Texas Divorce Lawyers" and would be glad to post your query on it if you like so that one of the San Antonio lawyers might contact you.