Legal Question in Family Law in Texas

My son is in the air force and stationed in Arkansas. His wife and child are there with him. If they lived in Tx prior to joining the air force and being transferred to Ark, Can he file for divorce in Tx and have custody, support, etc of the child decided by courts in Tx?


Asked on 7/13/12, 12:26 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your son can file where he claims he is a resident. So if Texas is still his "home state" that is where he would file. So you need to talk to your son about what is his home state.

He might want to talk to the attorneys in the service to see what would be best for him.

Since he has minor children, he should consider filing in the state where the children will end up eventually residing since that is the state where the visitation will eventually be enforced. It might end up saving him money rather than do it in one state then have to modify it in a year or two when the kids move to a new state and the orders don't "fit" the new state.

I hope this information is helpful and not confusing. Unfortunately, divorce law is a state's right issue and it varies from state-to-state. So what happens in Texas might look very different from Ark. or Louisiana or New Mexico - even though they are close together.

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Answered on 7/13/12, 6:43 pm


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