Legal Question in Family Law in Texas

I was divorced in 2006 in Montana. Was allowed by the Montana courts to move to Texas with our child. We have lived in the same county in Texas for 8 years now and my former spouse moved from Montana to Ohio in 2010 and has lived there ever since. I got wind he is wanting a modification of our parenting plan and I cannot afford to take care of it through the Montana courts with the distance and cost involved so I submitted a modification to have the case moved to Texas since we have lived here for so long. My ex wants the modification dismissed as he says he is paying Montana income tax and has maintained his professional license in that state as well as the statement he will move back "some day" along with having family members that still live there. He works as a government civilian, has recently married and bought a house in Ohio. Are his reasons justified in having my request to have the case dismissed? He also says I filed no action in Texas and that is another reason my motion should be dismissed. After he responded to my motion he e-mailed me a new parenting plan and told me to look it over. He has not submitted this request to the Montana courts but there are some things in it I do not agree with it and want to get the case transferred to Texas before dealing with these parenting plan changes. He put the Montana cause number and address on the top of this new parenting plan he is proposing. My lawyer in Montana suggested I also file in Texas now to have them assume jurisdiction. Please help!

Asked on 7/23/14, 11:54 am

Mark Dunn Mark D. Dunn

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0 attorneys agreed

It sounds as if Montana is a small dot in your rear-view mirror.

Forget Montana. File a motion for modification here in Texas (you need a lawyer to do this) and get Dad served in Ohio. Do this soon.

Answered on 9/17/14, 10:22 am

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