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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26097
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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my divorce took place in upshur county texas in july 2007 i

Resolved Question:

my divorce took place in upshur county texas in july 2007 i was given standard visitation by the court according to texas law my ex was living in utah i moved to utah in 2009 there was a modification done putting both of us as living in utah not texas now my ex is trying to tell me that the visitation given to me by texas is null and void that we have to go by utah law is this true
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your question.

Kirk Adams :

No, that's not technically true.

Kirk Adams :

Under the Full Faith and Credit Clause of the US Constitution and the Uniform Child Custody Jurisdiction Enforcement Act, the court order from Texas is still valid UNLESS a court chances the order.

Kirk Adams :

Now that both of you live in Utah, the courts of that state could take over jurisdiction for the case - - which can be done by filing a petition to have the case transferred from Texas to Utah.

Kirk Adams :

Even if that were to happen, the visitation order would not automatically be changed.

Customer:

thats what i thought

Kirk Adams :

Either party could seek a modification of the visitation order and ask the Utah court to make a change, but it's not automatic.

Customer:

the only modification was to move residence to utah thank you for your time

Kirk Adams :

Sure. Glad to help!

Kirk Adams :

Please let me know if you need anything further. If so, I'll be glad to help.

Customer:

will do and thanks again

Kirk Adams :

THANK YOU for allowing me to assist.

Customer:

one more thing where do i go to rate this conversation?

Kirk Adams :

There should be something on your page where you can rate the answer with stars or smiley faces........

Customer:

ok i see it now thanks

Kirk Adams :

Great! Thanks again!

Roger, Attorney
Category: Family Law
Satisfied Customers: 26097
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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