Legal Question in Family Law in Texas

jurisdiction question; i live in texas my wife left and took the kids. i filied SAPCR here in texas but have been unable to get an address for her in arizona, so being unable to serve her. she filed an order of protection with arizona and i was served ('cause she knows our home address). does Texas still have jurisdiction? Also this is not our first time in court with the same two children here in texas. the order of protection says that it is affective immediatly apon service and counts for all states. at the time she filed she had only been in AZ for 50 days. i had a status hear on my case here in texas and the judge said there was nothing that could be done untill she was served. the question again is who has juridiction, Texas or AZ? Oh, and can i get the order of protection dropped if texas already has jurisdiction?


Asked on 8/16/12, 11:26 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Texas continues to have jurisdiction in the SAPCR until the court removes jurisdiction elsewhere. However, you have to give her notice of hearings and motions so they can be filed. This is so she or you would know when to show up. If you cannot locate someone, you can notify them or serve them by publication.

The protective order is a separate matter from the SAPCR. The court may have acquired jurisdiction over you when you were served. You would have to file a motion to quash in Arizona to get the order dropped.

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Answered on 8/17/12, 5:41 am


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