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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85089
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a divorce decree from california im in the army and

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I have a divorce decree from california im in the army and am currently in TN my ex wife moved out of california without approval from the courts in california which is specifically stated. However the ex has been living in TX for 8 months remarried and bought a house. Is califonias court order still valid or do i have to go to court in TX. I also have 2 daughters that live with me but no modification was ever entered for that.
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry to hear about your situation. Can you please tell me:

1) Who has the custody via decree - you or her?

2) What you are attempting to achieve here? Are you asking if you can force her back to relocate back to CA? Or, to have the Court acknowledge that you now have custody of the children?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

the ex has physical custody but we have joint custody.


well i need child support modififed to be lowered since i have 2 daughter with my wife. My allotment was messed up and didnt pay her last month and didnt even inform me till now when the 2 month is due unfortunatly I cant even afford the current order from california. Will I be ok with sending what the calculator from TX has on till we go back to court

Expert:  Ely replied 11 months ago.
Thank you for your clarification, B.

It is unfortunate that she did not notify you before moving. Per Cal. Fam. Code Sec. 3204, she has to notify you at least 45 days prior to relocation, wherein you may object to it. However, since it has now been 8 months since the relocation, that matter is now moot.

well i need child support modififed to be lowered since i have 2 daughter with my wife. My allotment was messed up and didnt pay her last month and didnt even inform me till now when the 2 month is due unfortunatly I cant even afford the current order from california. Will I be ok with sending what the calculator from TX has on till we go back to court

Understood. Because (1) she has relocated from Texas to California and (2) because you are no longer in California either and are now in TN, then the jurisdiction for the matter falls to Texas.

You may modify the child support as necessary, but this would have to be done in Texas, in the county where the children are living.

The pleadings necessary are:

1) Petition to Domesticate Foreign Judgment (to have the Court accept the decree as local) and

2) Suit to Modify Parent Child Relationship (the main petition that seeks to modify the child support).

The two may be filed back to back in one filing, and the domestication petition is quickly heard and accepted, to allow for the modification to commence.

A local Texas attorney is recommended. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Finally, thank you for your service.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85089
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Do i have to import the court order or can i file for a new custody hearin all together

Expert:  Ely replied 11 months ago.
Friend,

You have to "import" the order - that is what the Petition to Domesticate Foreign Judgment is.

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