Legal Question in Family Law in Texas
Modifying the Visitation Order of a Different State
My divorce was final in 1995 in the state of California. The divorce established custody (I have sole custody) and very restricted visitation rights of my son's father. Two years ago I moved to Texas and he now lives in Nevada. How does he go about changing the visitation schedule? Does Texas now have legal jurisdiction concerning the court order even though it was established in California?
1 Answer from Attorneys
Re: Modifying the Visitation Order of a Different State
Since all parties and the child have moved from California, you can change the court to a Texas court. That is not a difficult process under this fact situation.
He can request a modification if there has been a material and substantial change in circumstances. The fact that all parties have moved might allow this, for example.
The facts that originally resulted in a restricted visitation schedule still could be a valid reason to continue the restricted schedule if they are the same. Of course, if the original schedule was obtained by default and there are no such facts, then Texas has a guideline possession order that would be presumed to be in the child's best interest.
Due to the interstate nature of this matter, you need to discuss this with an attorney. It may or may not be beneficial to change the venue from California to Texas.