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Chatted earlier discussed notice of registration order in…

Customer Question
Hi pearl chatted earlier...

Hi pearl chatted earlier discussed notice of registration order in state of texas. originally from new mexico . my daughter and her ex moved here to texas and separated months ago she filed for support in new mexico because that is were the original order came from and texas has now.

Lawyer's Assistant: Is there a child custody order? Are there any conditions regarding traveling or moving out of state?

No they both moved out of state together but separated and now this order says texas has it now.

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

It says the NM order is valid in texas now. I just want to make sure I talk with tx lawyer

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
8/3/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,357
Experience: 30 years in civil, probate, real estate, elder law
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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.

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Lawyer: Ray, Lawyer replied 8 months ago

So are the kids here with mom, are they married or not?

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Customer reply replied 8 months ago
with mom divorced
Customer reply replied 8 months ago
she received an order of registration of the original NM order I imigane via the state of NM the gave her 20 days to respond if the original order is contested but now he has a different days off and a way higher paying job should we respond?
Lawyer: Ray, Lawyer replied 8 months ago

So once she is in Texas 6 months with the kids she can file for support or custody orders, etc where she is located here in Texas under something called Uniform Child Custody Jurisdiction Act.

Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. ... As of January 22, 2016, the only state that has not adopted the UCCJEA is Massachusetts.

Uniform Child Custody Jurisdiction and Enforcement Act - Wikipedi

If it has been less than 6 months she could file in NM if she chooses where the divorce was granted.

If it has been more than 6 months it makes sense to file in Texas where she lives.

Thanks and thanks for rating 5 stars,Ask anything you have here no need for a call, I will answer.

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Customer reply replied 8 months ago
but should she reply to the letter to modify the support here in TX ?
Lawyer: Ray, Lawyer replied 8 months ago

No if he filed it there she will have to respond there, she can have lawyer do motion to transfer claiming Texas has jurisdiction under UCCJEA, that would be a good start and force him to come to Texas where she is.

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Customer reply replied 8 months ago
but he is here in tx ?
Lawyer: Ray, Lawyer replied 8 months ago

She can still motion to transfer it, it belongs in Texas he filed in wrong court and doesn't realize it.Thats her next move.

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Lawyer: Ray, Lawyer replied 8 months ago

She can do a response here to his motion claiming Texas has jurisidction, Response and Motion to Transfer Case and set out the parties have moved and the children have resided in Texas for the prior 6 months under the UCCJEA the case should be located to wherever county, Texas where the parties and children reside.If she has to do this pro se then don't worry about being perfect the court will likely grant it.

Thanks and thanks for rating 5 stars.

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