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max713
max713, Lawyer
Category: Family Law
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I have a Multnomah County, Oregon Judgement modifying custody

Customer Question

I have a Multnomah County, Oregon Judgement modifying custody and allowing us intervention as grandparents with a child-parent relationship. (Case # XXXXX) I would like to file this Judgement in Harris County, Texas as the children now reside there. What process do I follow to make that happen long distance?
Submitted: 2 years ago.
Category: Family Law
Expert:  max713 replied 2 years ago.

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Under Family Code Section 152.112(d), Texas courts will honor custody judgements of other states. If you wish to have those honored in a particular county in Texas, you can request that the court which ordered the custody order forward the record to the Harris County Court. Or, you can request that a law enforcement officer do the same. Or, you can run the court order into that court yourself when you move there - citing Family Code Section 152.112(d) (which is what codifies the Uniform Child Custody Jurisdiction and Enforcement Act).

max713 :

Remember, this is legal information and not legal advice.

max713 :

Does that make sense?

max713 :

It seems you might be having trouble responding. If I don't see a response in 5 minutes, I will switch to Q & A where you can respond. I apologize for any technical difficulty.

Customer :

So this is different than what I was told by the Harris County Clerk's office, who sounded like the entity that handled recording the document. What about the Enforcement of Foreign Judgement/Decree?

max713 :

The clerk's office would handle the document. Did they say it wouldn't be honored? If so, what was the reason?

max713 :

Also, there was a foreign judgement?

max713 :

Got it on the second question. One second.

Customer :

I envision a form that I would send with the Judgment and fee. What I read is that it mostly relates to creditor/ debtor stuff.

max713 :

Correct. Texas is a Uniform Enforcement of Foreign Judgments Act (UEFJA) state.

max713 :

Under the UEFJA, enforcing a foreign judgment can be as simple as filing an authenticated copy of the judgment along with an affidavit setting forth the name and last known address of the judgment debtor and judgment creditor (as well as the contact information for the judgment creditor's attorney, if there is one) with the clerk of any Texas court with jurisdiction.

max713 :

Does that make sense?

max713 :

This is governed by Texas Civil Practice and Remedies Code Section 35.003: § 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS. (a) A copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. (b) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. (c) A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.

max713 :

Do you understand what the above citation means? If not, I can walk you through any parts that confuse you.

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