Legal Question in Family Law in Texas

I filed for divorce in Oklahoma in May of 2003. I was awarded temporary custody and in July of 2004 moved with my children (then age 9 and 12) to Texas. The move was approved by the court. My divorce was not granted in Oklahoma until Aug 2006. My ex husband has filed a motion to modify visitation (he still lives in Oklahoma) with the court that granted the divorce. I have not been served with papers but am aware that the motion was filed a couple of days ago. Can I get jurisdiction changed to Texas since it has been our legal residence for 6 years? If so what is the process? Do I need to hire an attorney in Oklahoma to answer the motion and another attorney in Texas to file for jurisdiction? I'm not sure which direction to go first and any clarity would be greatly appreciated.


Asked on 7/24/10, 5:23 pm

1 Answer from Attorneys
TC Langford Langford Law Office

With some exceptions, generally speaking, motions to modify are filed with the original court; motions to enforce can be filed in the new residence, once the foreign order has been registered. You first need an OK attorney on the modification. That attorney will be able to advise you (and possibly hire local Texas counsel on your behalf) as to getting the order registered in Texas.

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Answered on 7/26/10, 5:17 am


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