Legal Question in Family Law in Texas
Address change on an existing case.
I moved from the county where my original order was written. I have been a resident of that county now for over one year. It is still in the state of Texas. Do I need to have the case transferred to the county of my residence? I am having trouble with the other party understanding the quidelines set forth in the original order. It is a standard visitation with joint custody. It states in the order to follow the calendar of the school where your child is enrolled or where the child lives. Since our child is not yet old enough to go to school, it is my understanding that we should go by the calendar for the school district he lives in. Our son lives with me in the new county. The other party does not interpret the order this way. He believes that we must go strictly by the county where the order was written regardless of where the child lives. I thought that if I have the order moved to the new county that it may eliviate some of the confusion. Can I have it transferred? If not, who is correct about the wording of the order? Also, how does one go about having orders modified?
1 Answer from Attorneys
Re: Address change on an existing case.
Since you have lived in the new county for more than 6 months, the child's case can be transferred to the new county by application to the court. I don't know why ex-spouse's have such a hard time with visitation. If the order says use the school calendar, it makes no difference whether or not the child is in school. The calendar is a base for visitation. If you transfer the child to the new county, you will use the calendar in the new school district because that is where the child lives.