Can anyone tell me how to transfer juristiction of a child custody case to another state?
I used to live in Michigan and our divorce was final there. I have since moved to texas and filed for child support on my exhusband. he filed a counter suite for custody which was denied. SO now that custody remains here with me and we have been in Texas for close to three years I would like to transfer juristiction over any further disputes here. I can not afford to pay my lawyer another penny is ther any way I can do this myself?
You don't necessarily need to do anything right now.
If your ex takes any action against you (in which case you'll need a lawyer again anyway) your lawyer can make a motion to change the venue to your state. You will likely win on this point because of the child's long residence in that jurisdiction and because of the inconvenience of defending the charge elsewhere.
If you have to take any legal action against your ex, then you can simply file it in the court that is closest to you. He might try to change the venue, but again, your position on that point is relatively strong.
April 26th, 2007 at 1:50 pm
You don't necessarily need to do anything right now.
If your ex takes any action against you (in which case you'll need a lawyer again anyway) your lawyer can make a motion to change the venue to your state. You will likely win on this point because of the child's long residence in that jurisdiction and because of the inconvenience of defending the charge elsewhere.
If you have to take any legal action against your ex, then you can simply file it in the court that is closest to you. He might try to change the venue, but again, your position on that point is relatively strong.
References :
April 26th, 2007 at 1:51 pm
Texas has very specific laws to determine whether a custody case has been filed in the correct court. Disputes arise when one parent does not reside in Texas or one parent does not reside in the same county as the other parent. In such cases, Texas law will determine which is the proper court to hear the dispute.
It is a fairly simple procedure to determine the proper court for the child custody dispute when all parties and the child reside in Texas. In such case, Texas will have jurisdiction to hear the matter. It is only necessary to determine the proper county the suit should proceed in. Section 103.001 of the Family Code provides that an original suit must be filed in the county the child resides in unless:
another court has continuing exclusive jurisdiction under Chapter
venue is fixed in a suit for dissolution of a marriage under Subchapter D,
Chapter 6.
A child resides in the county where the child's parents reside or the child's parent resides,
if only one parent is living, except that:
• if a guardian of the person has been appointed by order of a county or
probate court and a managing conservator has not been appointed, the child
resides in the county where the guardian of the person resides;
• if the parents of the child do not reside in the same county and if a
managing conservator, custodian, or guardian of the person has not been
appointed, the child resides in the county where the parent having actual care,
control, and possession of the child resides;
• if the child is in the care and control of an adult other than a parent and a
managing conservator, custodian, or guardian of the person has not been
appointed, the child resides where the adult having actual care, control, and
possession of the child resides;
• if the child is in the actual care, control, and possession of an adult other
than a parent and the whereabouts of the parent and the guardian of the person is
unknown, the child resides where the adult having actual possession, care, and
control of the child resides;
• if the person whose residence would otherwise determine venue has left
the child in the care and control of the adult, the child resides where that adult
resides;
• if a guardian or custodian of the child has been appointed by order of a
court of another state or country, the child resides in the county where the
guardian or custodian resides if that person resides in this state; or
• if it appears that the child is not under the actual care, control, and
possession of an adult, the child resides where the child is found.
If venue of a suit is improper in the court in which an original suit is filed and no other
court has continuing, exclusive jurisdiction of the suit, on the timely motion of a party other than
the petitioner, the court must transfer the proceeding to the county where venue is proper. On a
showing that a suit for dissolution of the marriage of the child's parents has been filed in another
court, a court in which a suit is pending must transfer the proceedings to the court where the
dissolution of the marriage is pending.
Non-Texas residents
Chapter 152 of the Texas Family Code provides for jurisdiction when a party or the child
resides outside of Texas. This suit is a bit more complicated than when the parties and child are
all Texas residents. For example, jurisdiction of a child custody suit could be fixed in Texas
although a party has never resided or been to Texas. Family Code section 152.201 provides that
except when a court assumes temporary emergency jurisdiction, a Texas court has jurisdiction to
make an initial child custody determination only if:
• Texas is the home state of the child on the date of the commencement of
the proceeding, or was the home state of the child within six months before the
commencement of the proceeding and the child is absent from Texas but a parent
or person acting as a parent continues to live in Texas;
• court of another state does not have jurisdiction under the preceding
section, or a court of the home state of the child has declined to exercise
jurisdiction on the ground that Texas is the more appropriate forum, and:
• the child and the child's parents, or the child and at least
one parent or a person acting as a parent, have a significant connection
with Texas other than mere physical presence; and
• substantial evidence is available in Texas concerning the
child's care, protection, training, and personal relationships;
all courts having jurisdiction have declined to exercise jurisdiction
on the ground that a Texas court is the more appropriate forum to determine the
custody of the child; or
• no court of any other state would have jurisdiction.
Physical presence of, or personal jurisdiction over, a party or a child is not necessary or
sufficient to make a child custody determination.
Once it is determined that jurisdiction is proper in Texas when a party or the child resides
out of state, then the proper county for the suit is determined by the general venue provisions
previously set out above.
Temporary Orders in a Child Custody Suit
Once a suit is properly filed and jurisdiction and venue are settled, a court may make
temporary orders in such suit. In many circumstances, it will be necessary for the court to make
immediate orders to protect the child and the parties. Chapter 105 of the Family Code
specifically authorizes a court to make temporary orders during the pendency of the suit. In a
suit, the court may make a temporary order, including the modification of a prior temporary
order, for the safety and welfare of the child, including an order:
• for the temporary conservatorship of the child;
• for the temporary support of the child;
• restraining a party from disturbing the peace of the child or another party;
• prohibiting a person from removing the child beyond a geographical area
identified by the court; or
• for payment of reasonable attorney's fees and expenses
Hope this helped you understand.
References :
I am a Paralegal (Family Law) and Pre-Law student. any futher questions please feel free to email me.
April 26th, 2007 at 2:28 pm
Yes, call your MI FOC where your case originated and talk to your enforcement officer. They should be able to assist you or give you a number to put you in contact with a IVR system that will let you call for the paper work you need. example I'm from lenawee so my contact # 5172644706. Also you can get on line at http://www.what ever county you lived in at the time.mi.us/. there is a fee that if the judge sees fit it can be waived. but if there are no issues I would suggest paying the fee I know where I live it is no more than 100 dollars. If I am not mistaken this has to be done in the countywhere your case originated, at least thats what my Judge told me. Good Luck.
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April 26th, 2007 at 6:41 pm
seems like pretty did not bother reading that your divorce and custody is ALREADY established in Michigan, and every thing she mentions is related to initial filings.
What you need to learn about is the UCCJEA, which is interstate laws related to jurisdicition over child custody issues, just like yours. Here is one page explaining how it works..
http://www.gitlinlawfirm.com/writings/uccja2.htm
The fact that he does not have custody does not mean he does not have rights. You really need to do some research, and review it all with a lawyer. I do understand about the money issue… that's a cruel hard fact for 90% of the parents in this country with court problems.
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