Can a person file a contempt of court claim against their ex in a different state than the one the divorce was filed in?

Asked 4 months ago - Corvallis, OR

My son and his ex wife were married in Oregon but when she left, she took their daughter (then 1) and moved to Colorado but has since moved to Texas. Their daughter is now 3 and my son has only seen her once since she left. My son just recently had to fly to Texas, where his ex had filed the divorce papers, to go to court to finalize everything. When all was said and done, she was supposed to fly out to Oregon so he can see his daughter during the week of Thanksgiving. My son only got a total of, maybe, 4 hours with her all week which was a violation of the court order and now she's fighting him on having to come back at Christmas time which is also court ordered. So is he going to have to go back to Texas or can he file a contempt charge against her in Oregon?

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    Answered . If the divorce case was handled through Texas courts, and the child lives in Texas, then he'd have to file any motions in that case in the same Texan court that handled the case. He should consult with an attorney in Texas to discuss the process. It may be possible for him to appear remotely, so he doesn't have to physically go there.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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