Legal Question in Family Law in Texas
My daughter's father has primary custody and lives in California (since 2009) with her. I live in Texas. Our divorce decree and parenting agreement was issued in North Carolina several years ago. My daughter is now 15 and wants to come live with my husband and I here in Texas. How do I go about changing jurisdiction and applying for a modification?
1 Answer from Attorneys
Your question falls under the UCCJEA.
You didn't say, but I assume that:
a. the North Carolina decree doesn't have a geographic restriction for the child.
b. the original North Carolina decree hasn't been modified.
c. the child's father doesn't agree to the change in custody.
Believe it or not:
You must first file a motion for modification in North Carolina, and ask them to DECLINE jurisdiction because the child now lives elsewhere. THEN you file a motion for modification in California.
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