Legal Question in Family Law in Texas

My divorce was in Austin, TX in 2004, my children and I moved to FL in 2004. In 2007 my ex husband filed for jurisdiction to be moved to FL and it was granted with the right of modifying here in FL. Now he has filed a custody case in TX trying to claim jurisdiction is still there. We have a full history of modifications, contempts, etc here in FL since 2007. Can he attempt the custody case there in TX still? Also, he has filed a Hearing for Temporary Orders in TX. Can he legally do this? Thank you so much.


Asked on 4/09/10, 5:27 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

From what you're saying, the answer is "No, he can't move the case back to Texas."

Especially if the children haven't lived in Texas since 2004.

The answer to your question is found in a law called UCCJEA; it has been adopted both in Texas and in Florida.

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Answered on 4/14/10, 2:49 pm


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