child custody?

Question

if i was divorsed in the state of oklahoma and was given sole custody and my ex husband was denied visitation rights, and ordered to pay child support, can the divorse decree be changed by the state of texas if we moved here? or do we have to go through the state of oklahoma to have child custody changed?

Answer 1

I'm confused. Do you WANT your ex-husband to have custody rights?

If you move to Texas with your child, all custody hearings MUST take place in the state that the child has resided in for six months....which would be TEXAS if you do move. Wait for six months once you have moved to have your decree modified by Texas . If you don't want or can't wait then proceedings will NEED to be filed in Oklahoma!!!

The courts, no matter what state are required to facillitate the enforcement of custody decrees of other states as outlined by the UCCJA ( Uniform Child Custody Juridiction Act.) Look it up online to further your knowledge. In other words....the courts in EVERY state are required to honor and enforce the custody agreements/orders of the original decree.

If you want to grant him custody then you can do so without the courts involvement really, but why would you want to? Don't give yourself more of a headache than needed.

Answer 2

It is true that your husband can petition the Texas courts to hear his case, but only if he has something new; some new evidence against you, or some improvemnt that he has made in his life.

If the circumstances of the case haven't changed then no court in the US is going to want to hear the case. It won't even be able to be filed. If he somehow does get a case filed then the judge is more likely to honor the work of a past court; the original divorce decree as is. The work was done by a court and usually state courts honor each other's work.

Of course if the case gets in front of a judge, any judge, in any state; then all bets are off and anything can happen. So it is important to keep the case out of court to begin with. If your husband is a Texas resident then it is more likely that the Texas Court will decide in is favor.

This is the advice of a layman though, the best thing to do is to call a divorce attorney in the city where you plan on moving and ask his opinion. Most attorneys will give you such advice over the phone free in hopes that if it comes down to a problem you can will retain them.

Personally, I think that if the situation with you husband hasn't changed then the divorce decree will stand. It is going to take something good for him to be able to get another court to even consider hearing the case. He has the burden of proof and must show that he has a valid reason to go to court.

If he has ever missed a child support payment then get documentation to prove that. Parents missing child support payments (even once) is a very sore point with most judges, especially those in Texas (I am a Texas resident) so that will be strong evidence against him. Even if he is tardy on child support payments that will be useful evidence and your bank records should be enough to prove his guilt. Texas has made some extra efforts to collect child support the latest is by using toll tag devices to trace down deadbeat dads. So the prosecutor is behind you in Texas and will support you, but you can never predict what a judge will do once the case gets into his court.

Answer 3

The Oklamoma papers are legal and enforcable unless you go back to court in Texas. Because you and the child are now residents of Texas, Texas now has jurisdiction.

My real question is what do you want to change? If you want to change support, then go file with the child support agency where you live. If you want to change custody and visitation...why? If the court denied him visitation, I would think it was for a good reason and that you would be a fool to allow him into your child's life.

Answer 4

you won't actually change the decree but you will get a modification. Depending on how long ago the divorce was you,should be able to file in the state the children are living in now. Call the family court in the county you live in and ask them. They should be able to help

Answer 5

Why would you want it changed? Texas courts will up hold the current decree. If the father wants to see the child he can petition in the state which he resides. There is no need to change your current agreement if you do not want. I moved from Texas to ND and I have sole custoday why would the courts have to get reinvolved?

Answer 6

You should take a look at what attorneys have said regarding the problem. The source below has free attorney answers to similar issues such as:

(1) "Child custody"

(2) "Child Custody"

(3) "How to get custody of your child?"

(4) "Child Custody"

(5) "Child Custody"


Further, articles & resources by experts:

(1) "Child Custody Information: Child Custody and Adoption - AllLaw"

(2) "Child Custody Articles: Child Custody Cases - AllLaw"

(3) "Child Custody - Child Custody Agreements | Lawyers"

Answer 7

You will have to go through the State of Oklahoma for any modifications to your child custody suit.

Answer 8

i think you may have to have the custody papers filed with the state through the court. take them to the court house and see if you can file them, where you are moving.

Answer 9

each state has its own rights. your husband could take you to court again to revise the decree.

find out what option you have in texas, ask a lawyer from there what you could do.

Answer 10

i would say if oaklahoma gave you sole custokdy and the divorce it is best that yo let them no you are leaviong outside of states . so you dont make a mistake or miss any of the fine print or red tape .