How can I transfer my family case from Maricopa County, AZ to Harris County, TX?

Asked 3 months ago - Houston, TX

AZ order was only concerning visitation, but I believe other notes in the case will help with current case in TX. The respondent refused documents and I had to get a private process server who the respondent still lied to. The proceedings from AZ will show TX how deceptive the respondent has been (which respondent is still doing). Respondent has moved from AZ to another state (been there only 4 months). So I don't even know who has jurisdiction over respondent.

Attorney answers (4)

  1. Brian Douglas Walters

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Texas may have jurisdiction over your case. The UCCJEA governs this matter. Typically jurisdiction on a modification like yours will follow the child. How long has the child been living in Texas? Or does the child live in the new state with Respondent.

    If the child is with you, you can go ahead and 'domesticate' the AZ Order in Harris County now and then serve Respondent. If the child is with Respondent, then you may have to go to the new state, although you could try to file in Texas and see if she fought you on this.

    Regardless, these types of UCCJEA cases are complex, so be sure to find a lawyer who is knowledgeable about them. Here is a link that may be helpful to you:

    This information is not legal advice and does not form an attorney-client relationship.
  2. Maria Sara Lowry

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to hire a lawyer. A motion for substitute service may be in order.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Rashelle Fetty

    Contributor Level 12

    4

    Lawyers agree

    Answered . If the child lives in Texas, Texas courts have jurisdiction. You need to hire an attorney and have them file a motion to transfer. Best of luck!

  4. Dorothea Elaine Laster

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You don't transfer a case as evidence against the other party in the usual sense. You transfer the case so that a different court will handle the hearings -- usually because the child has moved and has lived in the new county for at least 6 months. Confer with an attorney.

    This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas... more

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