Legal Question in Family Law in Texas
Child Support &Custody
I have resided in Tx for over 6 months. Can I change venue/jurisdiction from NY to Tx? Is this possible for Child Support as well? Also, what is the difference between venue and jurisdiction
2 Answers from Attorneys
Re: Child Support &Custody
You can register the foreign order in the Texas court to enforce it in a Texas court. Do you have primary conservatorship of the child? In some limited circumstances you can modify the order as well.
Re: Child Support &Custody
Interstate matters are often very complex, but the short (and therefore incomplete) answers are:
...With regard to child custody issues, the state in which the child has resided for the last six months is the "home state" of the child and that state has jurisdiction.
...With regard to child support, the state that issued the support order keeps jurisdiction unless both parents move to Texas even if the child is now living in Texas.
This is a huge oversimplification, but in the context you are discussing, jurisdiction means which state's court has the right to hear a case and venue refers to the county court within a state where the case is best heard.