Legal Question in Family Law in Texas

I have recently filed a petition for joint custody between myself and my ex-partner. I have now been informed that I my job maybe granting me a job transfer from TX to VA. Should I withdraw the petition since it states to not move across state lines or do I need to move forward with the petition? I was only filing the petition to ensure my rights as the primary parent by resident. I also, saw where it states it encourages that parties settle with out court. I


Asked on 10/27/11, 7:41 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Depending on the facts in your case, I might suggest nonsuiting the petition and then moving. Once you have lived in VA for 6 months, you can file there.

However, if the VA move is not a certainty, it might be better to leave your TX petition on file and just let it sit there. Once you move to VA, you could either nonsuit the TX petition OR, after 6 months in VA, have it transferred and finalized there.

If I were you, I would invest in a consultation with a local family law attorney and bring all your detailed facts with you. That way you can get advice carefully tailored to your specific facts. Interstate child custody "battles" (and they all turn into battles of some sort) can be complicated and turn quickly against you if the court thinks you are trying to alienate the child from the father.

Good luck on your transfer!!

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Answered on 10/27/11, 7:49 am


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