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I need to know where to start as well as find a low cost attorney.

Katy, TX |

I have three children and I moved from NE to TX about 18months after my divorce in hopes to start over. Well I signed full-temporary custody over to my ex-husband because he would not let me take the children with me. I have planned to fight for custody to get them to TX since I have moved but I have not been able to come up with that kind of money and its going on two years. I would like to know where I need to start and what would be easier to get the judge to sign off on, joint custody and have them go back and fourth threw out the year or full custody? My ex doesn't follow threw with the children's expenses per the divorce decree and I think it would be easier to get him to follow threw of we had joint or if I had them. I don't see the point of child support when I want my children.

Attorney Answers 3

Posted

Go back to your divorce attorney and request that that attorney assist you. If your ex has not complied with the divorce decree, your attorney can file a motion with the court to enforce the decree, and to seek sanctions against your ex. Among the relief that you can request is a change in custody.

Going back to your divorce attorney also resolves the question of personal jurisdiction over your ex. If your ex has no contacts in Texas, and the children are not in Texas, it would be a lot easier to seek relief in Nebraska.

Incidentally, if there was jurisdiction over the divorce or your ex in Texas, the Texas Attorney General's Child Support Division can help with child support payments. The web address for the Texas Attorney General Child Support Division is:

https://www.oag.state.tx.us/cs/index.shtml

Nebraska may have a similar office in its Attorney General's office.

Good luck.

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Posted

Just because you moved to Texas, the court where the diovrce was granted retains jurisdiction. You can certainly talk to an attorney in Katy TX but I'm pretty sure that is what the attorney will tell you.

If you ex is not following the current court order, then he's in contempt. But, I'm not licensed in NE. You need to talk to a NE attorney.

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Posted

See the other answers to the other versions of this question.

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