Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This is about a child support modification that was

This is about a...

This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's response to respondent's motion to transfer venue. His lawyer went to the judge and told him I had not filed a controverting affidavit so the judge now ordered to transfer the case. Is the problem the title? Should I have called it affidavit? or the judge didn't check that I filed something with the court? I guess I don't understand how the content of that paper doesn't matter

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I live in Florida

Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
11/18/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,700
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
thank you

Has the case already been transferred here, why did you not try to have it transferred to Florida here.I am not clear why you didn't argue for that if you and custodial kids live there.Have you tried to have Florida child support move it there?

Ask Your Own Family Law Question
Customer reply replied 7 months ago
The child support unit in Florida is horrible, that's why I didn't want to transfer it, plus they consider number of overnights, and even though he only sees our child for maybe 2-3 weeks a year, the divorce decree gives him a lot of overnights. I am not sure if you got to review the file I uploaded, this is what I e-Filed, I thought that would be considered an affidavit, but his lawyer went to the judge and said I did not file a controverting affidavit and that's why he signed the order to transfer it to Dallas. What I don't understand is why they did not look at the paper I filed or if the problem is that I should have titled it affidavit instead of response. And can I appeal this decision? saying that I filed that I did not want a transfer. The order says that they are granting his request to transfer the case because I did not file a controverting affidavit. So, basically like I did not say I did not want the transfer. What do I do now?
Customer reply replied 7 months ago
I just uploaded the order so you can see it, apparently his lawyer had it signed yesterday, but sent it to me today.

Your response should have had a controverting affidavit attached here.Realistically you can and should file there in Flrodia even if you have to file pro se.Appealing this now will not get it moved back to Bexar County.

Ask Your Own Family Law Question

You now need to file in Collin County to move it to Florida, here is how.

Step 1

Go to the clerk of the court in the jurisdiction that currently handles your child support case, and obtain a motion to transfer form. The typical court clerk maintains different types of forms for use by people without legal representation.

Step 2

Complete the form, following the instructions provided to you by the court clerk.

Step 3

Include specific information about why you desire to transfer the case to another state. For example, you would mention if the parent with the obligation to pay child support moved to another state. Enforcement is easier by transferring the case to that other jurisdiction.

Step 4

Insert the specific location where you want to transfer the case, including the name of the court in the other state.

Step 5

Sign the motion and send a copy to the other parent.

Step 6

File the motion with the clerk of the court.

Step 7

Obtain a hearing date for your motion from either the clerk of the court or from the administrative assistant to the judge assigned your case. Notify the other parent of the date and time of the hearing.

Step 8

Attend the hearing and present evidence supporting your desire to transfer the case to the other jurisdiction. If the other parent agrees to the transfer, you can report that fact to the judge at the hearing.

If you and the kids here live in Florida ,Florida has jurisdiction here.I am not sure the court could understand why you wouldn't move it there.Thats where it belongs legally.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
How would I file in Florida? What are the steps I should take? Because now I would think they will set a court date in Collin County, do I have to then eFile that I want the case transferred to Florida? or how do I initiate this now? in Florida everything moves very slow

File now.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
I guess what I don't understand how my motion here gets connected to what he's doing in Texas. What if I get a court date for Colin county before I get a court date for here?

So here your pleading was bad it lacked proper affidavit and really you need to get this transferred to Florida.You need to file that asap and get hearing set on that here defer his motion to modify and let Florida rule on that.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
what do you mean by defer his motion to modify?

Well he is trying to lower support I guess based on the decree.Is that correct, whatever he wants heard here it needs to be in Florida.I fear his lawyer has a judge picked out here in Collin County so you want it back to Florida.You can draft off of his motion and argue that under the UCCJA you and the children live in Florida for more than six months and it needs to be transferred.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.152.htm

Ask Your Own Family Law Question

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform act that was adopted by all states (except for Massachusetts) in order to replace the Uniform Child Custody Jurisdiction Act (UCCJA). The UCCJEA corrects inconsistencies between the UCCJA and the Parental Kidnapping Act, as well as adding procedures for enforcing child custody determinations across state lines. The UCCJEA lays out guidelines for determining when a state court has jurisdiction (i.e. power) to make or alter custody determinations and continues on to describe how such determinations must be enforced by the courts. The jurisdictional portion of the UCCJEA determines if a state has jurisdiction over a custody proceeding in a number of situations, including initial custody determinations, modification of an earlier order, temporary emergency jurisdiction, and times when courts may decline to exercise jurisdiction. The UCCJEA has been codified into Texas law as Chapter 152 of the Texas Family Code.

Ask Your Own Family Law Question

Jurisdiction means power. For a court to issue a valid final order in your case, the court must have jurisdiction over your case. In short, if you spend thousands of dollars to get a great victory, only to find out that the court did not have jurisdiction, you have wasted all of your money, because you have a void order – a worthless piece of paper.

The first and most important procedural aspect of a custody case is jurisdiction. The first step in understanding custody jurisdiction is understanding the UCCJEA – the Uniform Child Custody Jurisdiction and Enforcement Act.

As with any uniform act, the UCCJEA is a state statute that is designed to be uniform among all the 50 states. The UCCJEA is the successor of the UCCJA.

In Texas, the UCCJEA can be found in Chapter 152 of the Texas Family Code. See Texas Family Code § 152.101 (2011) (“This Chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act”). In fact, chapter 152 of the Texas Family Code is the Texas version of the UCCJEA. The UCCJEA details when a Texas court has subject matter jurisdiction to make a custody determination. It does not deal with child support issues. See, Texas Family Code § 152.102(3)(“’Child custody determination’…does not include an order relating to child support or another monetary obligation of an individual.”)

As stated, one of the most important aspects of the UCCJEA to understand is this: It deals with subject matter jurisdiction, not personal jurisdiction. Texas Family Code § 152.201(c) states, "Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination." That means that, for one thing, a Special Appearance is not the proper device to resisting a custody action, a motion to decline jurisdiction is. That being said, however, since a Special Appearance is waived if not filed properly, if the court also lacks personal jurisdiction, it is not a bad idea to file a Special Appearance, Motion to Dismiss for Want of Jurisdiction, and Motion to Decline Jurisdiction. See, e.g., Canales v. Riquelme, 2010 Tex. App. LEXIS 9175 (Tex. App. 2010)(“Thus, we do not have jurisdiction over the initial custody matters in this case, and we dismiss that portion of the case for lack of subject matter jurisdiction. We affirm the judgment with respect to the division of community property and the award of retroactive child support.”)

Initial Determination

To determine when a Texas court has subject matter jurisdiction to make an initial child custody determination, one must consult Texas Family Code § 152.201 and § 152.102, which provides the definitions of the terms used in § 152.201. The UCCJEA turns on the issue of home state jurisdiction. Pursuant to § 152.102(7), “’home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding." The section goes on to detail how home state is calculated for a child under six months of age and talks about the issue of the temporary absence of the parent.

Texas Family Code § 152.201 not only provides the circumstances under which Texas can properly exercise jurisdiction in a custody case, but its listing of the scenarios is intended to provide the priority of these scenarios. See, In re Shurtz, 2011 Tex. App. LEXIS 10245 (Tex. App. Austin Dec. 30, 2011)(“However, Section 152.201 provides and prioritizes several bases for establishing subject-matter jurisdiction.”), citing Powell, v. Stover, 165 S.W.3d 322, 325 (Tex. 2005).

The highest priority is “home state” jurisdiction. Texas Family Code § 152.201(a)(1). The second highest priority is the circumstance in which a child has no home state, or the home state of the child has declined to exercise jurisdiction because Texas is a more appropriate forum. See Texas Family Code § 152.201(a)(2). The caveat to this second priority, however, is that the child and the child's parents or the child and at least one parent or a person acting as a parent must have a significant connection to Texas other than mere physical presence, and there must be substantial evidence available within Texas concerning the child's care, protection, training, and personal relationships. See Texas Family Code § 152.201(a)(2)(a) and (b).

Section 152.201 goes on to detail the third and fourth priorities that are available however those circumstances are generally much more unusual than those found in priorities one and two. See Texas Family Code § 152.201(3) and (4).

Subsection (b) of Texas Family Code § 152.201 makes clear that "subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state." See Bell v. McCarty, 2005 Tex. App. LEXIS 8723 (Tex. App. 2005)(“ Except for temporary emergency jurisdiction, however, a Texas court has jurisdiction to make an initial child custody determination only under the provisions of Texas Family Code section 152.201(a).”)

Texas Family Code § 152.202 provides that a Texas court maintains the "exclusive continuing jurisdiction" to modifying its custody orders, unless and until certain determinations are made either by a Texas court or the court of a sister state. Correspondingly, the UCCJEA of other states provides a similar framework for the power to modifying custody determinations made by those courts. See, e.g., Fla. Stat. § 61.501 et seq.; N.C. Gen. Stat. § 50A-101 et seq.; Cal. Fam. Code § 3400 et seq.; Haw. Rev. Stat. § 583A-101 et seq.

Modifications

There are two possible findings that could allow a litigant to seek modification of a Texas custody determination:

1. A determination by a Texas Court that neither the child nor the child and one parent nor the child and a person acting as a parent have a significant connection to Texas and that substantial evidence is no longer available in Texas concerning certain aspects of the custody case; or

2. A finding by the court of any state that neither the child nor the child's parents nor any person acting as a parent currently reside in the state of Texas.

Texas Family Code § 152.202(a)(1) and (2).

Given that individuals can have multiple residences, it is important to consider the statements made in the comments to § 152.202 for some of the unique fact patterns that can arise.

Paragraph number two of the comments following Family Code § 152.202, states that the phraseology used with respect to courts’ losing jurisdiction when a child and the child's parents, etc. "do not presently reside in this state" was the subject of considerable debate in the drafting of the UCCJEA. The comment goes on to state that, "It is the intention of this Act that subsection (a)(2) of this section means that the named persons no longer continue to actually live within the state. Thus, unless a modification proceeding has been commenced, when the child, the parents, and all persons acting as parents physically leave the state to live elsewhere, the exclusive, continuing jurisdiction ceases." See http://www.law.upenn.edu/bll/archives/ulc/uccjea/final1997act.pdf at 28.

Texas Family Code § 152.203 details the parameters within which a Texas court can modify a foreign custody determination (Foreign meaning an order from another State or another Country).

Ask Your Own Family Law Question
Customer reply replied 7 months ago
I am sorry but what do you mean by saying "you can draft off of his motion"?

He did a motion to transfer, you need your own, I cannot find you a form here, you will have to follow his and add in the Texas Family Code Section claiming that jurisdiction here ir proper in Florida not Collin County and seek the court to agree defer ruling on anything else.This gets complicated, I understand you cannot afford a lawyer so you have to try and understand the law here and what you would want to try to get it out of Collin County and back to your home.

Thanks and thanks for rating 5 stars.Prayers to you here.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
one more thing, when you say I need a motion to transfer, you still say I need to initiate this in Florida, not in Texas, when this goes to Collin, correct?

You file the motion to transfer in Collin County if the case was moved there, then if your agrees they grant the motion case, moves to Florida aqnd is heard there, this will be contested I am sure the ex doesn't want it moved.But this is your next step.

Ask Your Own Family Law Question

Thats why I was telling you for form purposes you can look at his motion , add some to it including new court here in Collin County and why it should be transferred to Florida.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
I understand now. Thank you. So, I will have to wait until they give me a court date to do this? The order to transfer to Collin county was signed yesterday.

Draft your motion you need to know what court in Collin County has this.Thanks again.File it as soon as you have case number.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,700
Experience: 30 years as a family law lawyer .
Verified
RayAnswers and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
Thank you very much
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,700
47,700 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am wondering, in matters of divorce and child custody, at
I am wondering, in matters of divorce and child custody, at what age does the child become old enough to no longer be a concern of the court. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
My husband is going pro se in his child modification and
My husband is going pro se in his child modification and request for child support, ex wife has retained lawyer, from my understanding there's nothing the prohibits ex contacting husband but can hubby… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
Seeking a meaning to ordered child support in a divorce
seeking a meaning to ordered child support in a divorce decree. Child is 18, graduated from high school, and not enrolled in any college. … read more
Sue
Sue
Juris Doctorate
525 satisfied customers
If a couple divorces does the child support payer have to
If a couple divorces does the child support payer have to pay back child support for the time separated until the time the divorce is final.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have a question child support one. I am the respondent.
OK . I am the respondent . She filled a petition for support violation. The initial divorce judgment was in a different family court . The monthly amount of child support is 700$. We divorced in 2012. Due to my immigration status at the time, I left the USA in 2009. When I was overseas I agreed with the divorce terms and we got divorced in 2012. I was overseas and she was here in USA. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I need to understand child support vs child custody and my
I need to understand child support vs child custody and my right to move my child out of state … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,467 satisfied customers
Family law question. Child custody. Illinois. Unmarried dad
Family law question. Child custody JA: What steps have been taken? Have any papers been filed in family court? Customer: No JA: Family law varies by state. What state are you in? Customer: Illinois JA… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
What is the process for a pro se divorce in texas. I've
what is the process for a pro se divorce in texas. I've received conflicting scenarios. im assuming i will be served today with the original petition. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
In a child support matter, as petitioner pro-se, I have been
In a child support matter, as petitioner pro-se, I have been instructed by the magistrate that I should bring an expert to testify at trial to what would be a legally enforceable solution for the resp… read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
Child custody and child support was decided by Memphiis (TN)
Child custody and child support was decided by Memphiis (TN) courty in Jan 2017.\CS was calculated based on W2 form of 2016 of both of us. CS includes share of work related expenses and health insuran… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I am representing my contested divorce case pro se, i
hi i am representing my contested divorce case pro se, i currently have a 2nd trial being held on the 3rd of april. I would like to sanction my husband and his council for excessive and unnecessary li… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
137 satisfied customers
I am going through a contested divorce and I am pro se.
hello, I am going through a contested divorce and I am pro se. after 4 years of this legal battle it is almost at the end. I filed a motion one last time to try and reduce child suppoort before the fi… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
I am representing pro se in a contested divorce, there is
I am representing pro se in a contested divorce, there is domestic violence present. I am looking to sanction my husband and his attorney for unnecessary litigation and stress. They objected to the or… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I have filed my divorce in September - pro se and I tried to
I have filed my divorce in September - pro se and I tried to have him served several times. I was unable to so I requested servie by publication. judge signed off on it and the newpaper will posting t… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
I am representing pro se for my contested divorce case, i
I am representing pro se for my contested divorce case, i would like to subpeona my therapist into the court room for this next trial. Is his physical presence only acceptable or can he attend via tel… read more
RayAnswers
RayAnswers
Lawyer
47,700 satisfied customers
I have a child custody and child support case, I have
I have a child custody and child support case, I have primary custody. Our current case argues that because I was flexible and allowed my ex to have overnights on Wednesday and Sundays when he wanted … read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
This is for a FL divorce lawyer: We are filing pro-se the
Hi, this is for a FL divorce lawyer:We are filing pro-se the forms for an Uncontested divorce with no children or property. The question is, on the form entitled "PETITION FOR DISSOLUTION OF MARRIAGE … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x