Legal Question in Family Law in Texas

Change temporary status of child custody

I got full custody of my daughter when my divorce was finalized in Arkansas in 1994. She is eleven now,and we have both lived in TX for several years. Due to extenuating circumstances last Dec., I took my daughter to stay with her father in AR for a few months (5 months). At the time, this was best for her, as bad as I hated it. Since I had full custody, my ex told me that he didn't have rights to enroll her in school or anything, so we signed joint custody papers, with her living with him, stating a change in circumstances.

My daughter has been back with me since the end of May, and has told her dad she wants to live with me. She is enrolled in school again in Texas, and my situation is back to normal. I want to have papers changed back where I have physical custody of her. It can stay joint, I don't care. I just want her legally living with me. He has told her that he won't sign papers unless they are filed in Arkansas. Since she is a legal resident of Texas, does he have a choice? I mean if I file here and he doesn't come to sign, do I win by default? He doesn't really have money to fight, and has said he won't fight me- just wants it to stay in AR. Before signing joint custody, he was behind in CS $4500+ .

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