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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118682
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex-wife and I were divorced in 2005. She lives in ...

Customer Question

My ex-wife and I were divorced in 2005. She lives in Virginia and I live in San Antonio,Texas. We have a 5 year old son together whom we are joint conservators of. According to the decree I have him even Christmas'',odd Thanksgivings, every Spring Break and Summer. I filed for the divorce in Killeen, TX, she did not sign the decree. I was told this is called a default divorce. I have had my son since January 2008 because his mother said she didn''t know what to do with him as far as his behavior in school. She had to constantly leave work. He is developmentally delayed and requires constant stability and attention. I am at the point where I feel it best that he live with me during the school year and would like to get this changed. Because my divorce was finalized in Kileen,TX how will I get the venue changed and start the process of getting my son to live in San Antonio with me during the school year? He has been here for the required 6 months.
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 years ago.
You typically are just confined to filing to modify the custody arrangement in the state that issued the divorce. You should go to talk to the clerk at the court in San Antonio and ask about having them transfer the case files from the state court in Kileen to the state court in San Antonio. You can then file a motion to modify custody and you will have to prove that there is a significant change in circumstances to warrant the change in the best interest of the child. Also, since your ex-wife seems to agree, you could also draft a document and title it Stipulation for Change/Modification of Custody, and in that document you could specify the new terms the two of you agree to. Have her sign it and have it notarized in VA and then you can sign it and have it notarized in TX and file it with the court. At the same time you do this, you should be talking to the clerk in San Antonio about moving your case files to San Antonio from Kileen.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: What if she is non cooperative? She will make this process a very difficult one and the only person getting hurt will be our son. Her sole pupose for wanting him back is so "he can spend time with his younger brother in the effent that something happens to her"
Expert:  Law Educator, Esq. replied 9 years ago.
If she will not cooperate, then your only alternative is to go through the court process.