Legal Question in Family Law in Texas

Re: Custody/Travel

You need to get the original case moved to the county in Texas where the child resides. You also need to file a Motion to Modify (or Clarify) depending upon the wording of the decree. It is usual to have one parent drive the entire distance for pick up OR return. Another alternative is the one you have been utilizing, of meeting half-way on both trips. Child support will be set by the guidelines, absent unusual circumstances.

You may email me if you have additional questions. TCL

Re: Custody/Travel

If you are not happy with the child custody provisions of the final decree, you may petition file suit to modify the order in the Texas court having jurisdiction over the county where the child resides. Then, you would need to show a material change of circumstances since the decree was entered, and then pursue modification to include the transportation provisions you seek. I'm assuming that the final decree was entered by an Oklahoma court, so the decree must be registered with the Texas court before the petition to modify is filed.

I would caution you, however, that you should examine the child support you are currently paying and compare it with the child support you would be required to pay under the Texas guidelines. If you are paying less than you would under the Texas guidelines, your plan could backfire and you might end up paying more.

Since you did not bring up issues relating to your ex-wife's infidelity, etc. during the original divorce proceedings, no court will revisit those issues now (absent a showing of fraud on the court, defective service of process, or some other significant and unwaived procedural defect.)

Bottom line--Do not take any actions until you have consulted with an attorney. The attorney will be able to look at your particular facts (including the child support issue) and advise you on your alternatives. Good luck!

Marc Pederson