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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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You are a Blessing. We are in such need of good military

Customer Question

hey, You are a Blessing. We are in such need of good military legal advice from someone who actually knows military laws.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Let me explain. We have legal joint custody of my 2 children with a custody agreement in the State of Alabama. My ex has married a military officer. He and his parents are from Texas. He got out of military after they were married and they lived in Texas for about 2 years when he reenlisted. At that point , they moved to NY which they are there now and have been for 2 years but have been reassigned to MO in Dec. I believe his HOR and SLR are Texas. They are trying to change my custody agreement jurisdiction from Alabama to Texas. Can they legally do that seeing she is not military and he is not biological father. This is going to make it difficult on me to uphold my rights as she likes to fight with me about everything.
JA: Have you talked to a lawyer yet?
Customer: No, It is hard for us to talk to lawyer in Texas and that is what our Alabama lawyer says we will have to do because he is unfamiliar with Texas laws.
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of, but I will stay online in case they have any further questions . My wife and I are very active in the kids lives and this has really stressed us. We need some guidance please!
JA: Since laws vary from place to place, what state is this in?
Customer: Jurisdiction is at this point in Alabama, but they are trying to get it to Texas
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

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I am sorry to hear about this situation. This matter is actually more of family law, even if one person is in the military. Please tell me:

1) What state are the custody orders from?

2) What state does the child actually live in, and has lived in for the last 6+ months?

3) I know you say that there is joint custody, but, the child normally lives with one parent more, and/or, that parent is the "managing" custodian. In this case, which parent is it?

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.