Legal Question in Family Law in Texas
Modifyication of an existing custody agreement that was initiated by alaska cour
My ex-husband and I have recently determined it is in the best interest of our children to have more visitation on his end. I currently have physical custody. We would like to modify the agreement originally made: summers, every other Christmas, etc. We want to have shared custody by which the children reside with me for 1 yr and summer months before school and then the same for him. The children are 12 and 10. Both children understand the complications, sacrifices as well as the desire for them to know both parents. The ex lives in Illinois, I reside in Texas. Both of us are remarried with children from new marriages. We both have a good relationship with each other and only want the best for our children. Do we need to go to the court for the modification or can we simple have a written agreement notarized? Or would it be better for us to seek an attorney? Would that attorney have to be in his state or mine? Do both parties need to be present? At lastly, would this be quite expense? He is military and will be at his new post at least 3 years. Therefore, he has legal representation available to him through legal aid.
2 Answers from Attorneys
Re: Modifyication of an existing custody agreement that was initiated by alaska
The issuecan be easily handled throught the court that has continuing jurisdiction over the children. It is wise to get an attorney to handle this as nothing becomes set until a formal modification is signed by the court. Also, there are tax implications that would need to be addressed. If all are in agreement, it shouldn't be a major issue to accomplish.
Re: Modifyication of an existing custody agreement that was initiated by alaska
First, really think about what you are doing. Sometimes "split" custody works well, often it doesn't. The cooperation that you two have is a good sign, though.
I don't know what your Alaskan divorce decree provides, but the vast majority of TEXAS possession orders provide that the parents can arrange possession as they wish and only have to fall back on the possession schedule if they can't agree. Of course, if one of you later changed his or her mind, that person would have to go to court to get the decree modified to allow the non-agreed possession.
If you do want to modify the decree, then you have two choices. You can probably modify the Alaskan decree with a simple filing and by having a judge sign an order of modification (at least you could in Texas). The second thing would be to have the jurisdiction over the children changed to Texas and then file for the modification. Either way, it should not be expensive AS LONG AS YOU BOTH CONTINUE TO AGREE. Family law matters typically get expensive if the parties can't agree on things.
Since he has access to the military legal aid he could probably get it done inexpensively. I would still recommend that you retain a Texas attorney to review ALL of the circumstances and to advise you as to the current effect of the change and the future effect on things that you might want to do later. There may very well be some facts that you did not describe that could dramatically change my response.
Bob Leonard, Jr.
512-477-6200
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