Can I File for a Modificacion for child support and custody from Texas if the order was filed in Arizona
4 attorney answers
Any actions to modify the existing order would have to be filed in the court in Arizona that issued the original order since that is the court that has continuing exclusive jurisdiction over this case.
If the last order was issued in Arizona, then the Arizona court is the Court of Continuing Exclusive Jurisdiction of the case (often referred to as the "CEJ court"). You should try to find an attorney in Arizona to advise you on your rights there. If your ex does move back to Texas for 6 months or longer with the children, you can file to have the Arizona order registered in Texas. Once the order is registered here, it can be enforced here and you can potentially have child support and custody modified here. However, even once a foreign order is registered in Texas, for changes to be made, Texas would first have to acquire jurisdiction of the case, and the CEJ Court in Arizona would have to "decline" jurisdiction---or punt to Texas. This is something that you would absolutely want a lawyer to handle and likely someone who has dealt with this type of issue before since it is not a day to day family practice occurrence.
If mom and the child are currently living in Arizona and the court order is out of Arizona, you cannot modify the order here. You will have to file for modification in Arizona as that is the court of continuing jurisdiction. You can however, possible go to through the texas attorney general's office and ask that they request a modification of child support but the court proceeding take place in Arizona. You can also contact the Arizona child support office as well. Good luck.
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