Legal Question in Family Law in Texas
Out of state custody modification
Child & Dad in TX. court order is from Montana, Dad has kids & wants to give them back to Mom in Montana can the Ct. in Tx. modify child custody order if both parents agree and consent to change? How long does it take in Tarrant County?
2 Answers from Attorneys
Re: Out of state custody modification
I guess I do not see the point. Why transfer the matter to TX
when the child is going to Montana? The simpler solution to me
seems to be to modify in Montana and have the child move to
Montana. Maybe I am missing something....
Re: Out of state custody modification
For the Texas court to have jurisdiction to do this, the kids must have lived in Texas at least six months (occasional absences ok so long as Texas is residence of kids). If so, this can be accomplished just by paperwork if parents are in agreement. No waiting period - modification could be filed and granted same day, and I would be surprised if it even required a court appearance.
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