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So long as the custody arrangement was entered into the divorce order in Texas, and you have not moved at any time, Texas would retain jurisdiction. Texas Family Code § 152.202. Exclusive Continuing Jurisdiction (part of the UCCJEA):
(a) Except as otherwise provided in Section 152.204 [emergency jurisdiction], a court of this state which has made a child custody determination consistent with Section 152.201 or 152.203 has exclusive continuing jurisdiction over the determination until: (1) a court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent, have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. (b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 152.201.
What this means is that so long as the child, or child and parent, has a significant connection with the state, AND if one of the parents lives in the state, the court cannot find that it no longer has exclusive jurisdiction.
So it would be very difficult for him to get a transfer of the case, mainly because there is that significant connection between he and the child and Texas, as well as the fact that you live here. I don't see how a court could grant a transfer. It would first have to find that there is no such connection. Without that finding, it cannot transfer the case.
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Thank you so very much, this answers my question thoroughly.
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