Legal Question in Family Law in Texas

change of custody

My 13 yr old son wants to live with me. My ex has primary custody. Can he choose or do I have to file for primary custody in court first? My ex recently moved from Texas to Alabama. We do get along, but she refuses to ''allow'' my son to live with me.


Asked on 10/17/08, 12:41 pm

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: change of custody

You need to file an immediate modification action in Texas, if you still can. Once the custodial parent and child have moved to a new state, after living there for six months, any future custody determination will need to be filed in the new state. If the move to Alabama was less than 6 months ago, you still have jurisdiction to file the modification in Texas. If more than 6 months, you will need to file in Alabama. Contact me directly if you desire to talk further about this matter.

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Answered on 10/17/08, 1:42 pm


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