Legal Question in Family Law in Texas
filing a motion
i live in arkansas with my 2 children. my ex husband in houston, tx has filed for child custody & child support. i've been told that instead of having to go back to texas, that it's possible to file a motion to have the case moved to arkansas since we've lived here more than 6 months, that arkansas now has jurisdiction over the children. is this true? what's involved?
1 Answer from Attorneys
Re: filing a motion
Well, that is not entirely true. Under the UCCJEA the TX court maintains jurisdiction over the custody matter (since it originated there). Since your husband has filed in TX, it appears that you will have to go there to have the issue adjudicated.
It is possible to move the action. However, in this case, I do not think that the TX Court would let it go because there are still significant contacts with TX.
Good luck.