Legal Question in Family Law in Texas

Does the texas family code apply when we have moved to another state?


Asked on 12/02/14, 7:11 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Your question does not make sense.

If there are court orders from Texas then those orders need to be moved to the new state. The current orders apply until modified by a new judge.

If you have any more questions, call an attorney in your county. Look on this website or on www.avvo.com for help.

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Answered on 12/02/14, 9:34 am
Michelle Scopellite Goldstein & Scopellite, PC

Generally, if court (custody) orders were previously entered in Texas, then, possibly Yes.

And if those orders state that you cannot move without modifying the order, then, by moving out of the state without a court ordering the modification to allow the move, the parent that moved could be in contempt of court.

If there are custody orders entered and there is no county or state restriction mentioned in the orders, you can hire an attorney in the new state and under the UCCJEA they can try to transfer and register the order in the new state, but the other parent could object, for even if an order state nothing about the jurisdiction, the court may still require a modification to move out of the jurisdiction, unless the order specifically states that there is NO jurisdictional restriction or that the other parent approves.

However, if there are no previous custody orders entered and if 6 months or more has passed with you living in a new state, the other parent who is still in Texas would need to file a suit in the new state where you live to get custody.etc.

I would need more information from you in order to answer this question.

Goldstein & Scopellite, PC has qualified child custody attorneys and family law attorney available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

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Answered on 12/09/14, 7:26 am


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