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

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.

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Attorney answers 4

Posted

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.

Asker

Posted

SAPCR in TX filed & temporary orders with joint custody granted where granted to Petitioner as home parent of the child whom has only been residing in TX for 5 months. Did not 'domesticate' AZ because Respondent moved 2 months after giving child (& another nonbio child to Petitioner).

Brian Douglas Walters

Brian Douglas Walters

Posted

Ok, good to know. What question do you have?

Asker

Posted

Is there any way to attached the AZ case to TX because AZ required the Respondent to meet certain guidelines (parenting class for example) before any proceedings could take place on their part? How to include AZ ruling?

Brian Douglas Walters

Brian Douglas Walters

Posted

You would include that as part of Temporary Orders. As a practical matter, the TX Court is going to impose their own set of requirements. Why wasn't that requested at Temporary Orders?

Asker

Posted

Respondent was in compliance with everything until after the hearing. A lot was left out to be honest. Is there a way to "Amend" the orders to add in all other stipulations?

Brian Douglas Walters

Brian Douglas Walters

Posted

You will have to set another hearing, notice Respondent and ask the Court to consider amending.

Posted

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 provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

Asker

Posted

What is a motion for substitute service?

Maria Sara Lowry

Maria Sara Lowry

Posted

That's why you need a lawyer - you are being held to the same standard as someone trained to do this. In a motion for substitute service you show the court what alternate method will give the respondent notice of the case.

Asker

Posted

I would just like to include AZ's case into my TX case to show the judge that the Respondent like to deceives the matter at hand & require the Respondent to still follow through with AZ orders if possible.

Maria Sara Lowry

Maria Sara Lowry

Posted

Talk to your lawyer about transferring the case and about the relevance of the evidence you want to put on.

Posted

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!

Posted

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 practice area. Principal office located in Lake Dallas, Texas.