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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 27091
Experience:  Began practicing Family Law in 1992
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I want to transfer a child custody case from Texas to Missouri.

Resolved Question:

I want to transfer a child custody case from Texas to Missouri. I hired a lawyer in Texas and the judge signed so the case would be transferred to Mo. The judge in Missouri denied the transfer. Now I received a notice that the transfer was accidentally transferred. I have sole custody of the child and have lived in Mo for three years. We have never lived in the jurisdiction where the father orginally filed for more visitation. Now what can I do
Submitted: 3 years ago.
Category: Family Law
Expert:  JD 1992 replied 3 years ago.
I don't understand what you mean the "transfer was accidentally transferred" can you explain? Why did the judge in Missouri deny the transfer? Has the child lived in Mo. for the past three years? Are there any actions, other than the transfer, pending or contemplated?
Customer: replied 3 years ago.
That is a good question. The paper actually said the transfer was "inadvertently" transferred. That is something I do not understand myself. I am questioning the capability of the lawyer in Texas. There is suppose to be a meeting between the judge and the two lawyers next week. My lawyer in Texas has no idea what it is about. He said he has never seen a case like this.
Customer: replied 3 years ago.

There was no reason why the judge denied the transfer. Could be because the courts are so busy. I do not know. The father, in Texas started this a couple of months ago, filing to get his child support payments lowered, which he is behind on. He sends just very little. I finally got his wages garnished, that is when he filed. He also wants a morality clause in the papers, and wants to see the child...a 3 year boy more often.

He has NOT kept up with what he was suppose to do as far as visitation...he had graduated visits,, so the child could bond with him. I let him have the child for a week, and my son had anxiety seperation when he returned to MO. I am wanting the father to go back and fullfill his visitations. He has missed 10. My son has lived with me in Missouri since he was 1 month old. The father told his lawyer I have only lived here since last dec. I hope this answers your questions. If not please let me know. thank you.

Expert:  JD 1992 replied 3 years ago.
Missouri clearly has jurisdiction since th child has resided there more than 6 months. However, there is not a mechanism in Texas to "transfer" a case to another state, although there appears to be. What you do here is file a Special Appearance and Objection to Jurisdiction and then he has to file where you are if it is granted. The father can then file a certified copy of the court file from here in Missouri.





Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



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Customer: replied 3 years ago.
Why would a judge deny the right to transfer? And I am not sure as to what you mean that it seems as though Texas "appears" to have a mechanism to transfer a case. Did the lawyer in Texas steer me wrong?
Expert:  JD 1992 replied 3 years ago.
Because there is no mechanism to transfer a case between states would be my first thought. Texas' Family Code talks about transferring cases and how it is done, and it also assigns duties on how to transfer a case and what the receiving court has to do when the file gets there. However, the fact that it discusses what happens when a file gets there indicates that the transfer is only within Texas since the other state's courts have their own rules. You need to talk to your lawyer again and ask them if they are sure you can transfer it out of state or should you just be filing a Special Appearance and Objection to Jurisdiction and Venue.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 3 years ago.
There just seems to be a confusion about if Texas can transfer a case. This was suppose to be a simple procedure. I appreciate the help, and will talk with my lawyer here in Missouri. I am happy with the first part of your answer, but not the second part as I the lawyer in Texas said there IS a way to transfer the case from Texas. I do not know if he is right or wrong and need to talk with a lawyer in person.
Expert:  JD 1992 replied 3 years ago.
There is a way to GET the case moved but there is no way to TRANSFER the case. Look on www.avvo.com and find a lawyer who does Family Law and do a telephone conference with them. The lawyer just used the wrong mechanism.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 27091
Experience: Began practicing Family Law in 1992
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