In what state shouldI consult an attorney, in the state where my custodial documents were created or in the state whereI now reside?

IF I RESIDE IN CA BUT MY DIVORCE AND CUSTODIAL DOCUMENTS WERE CREATED IN TX, IS IT MORE BENEFICIAL FOR ME TO USE A CA OR TX FAMILY LAW ATTORNEY?

Asked on September 9, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends on what you are intending to do but generally the state where they were created is the best alternative.  I am assuming that your ex spouse is also in Texas and that any modification to the agreement would be on notice to him or her and based on Texas law.  Is the child/children in Texas as well?  Is the parent in Texas the custodial parent?  And most importantly, does your agreement agree to abide by Texas law?  If the answers to all these questions is yes then consult with a Texas attorney.  However, I would consider also consulting with a California attorney depending on what you intend to do with the order.  Good luck.

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer to this questions depends  two things. First, how long have you lived in California. Under the law, the case must be filed where the child's residence has been established. This is determined by where the child has been for the past six months. Thus if you have resided in California for the past six months with the child, you file in California, if not, you will have to file in Texas or wait until you have been in California for six months.  The second issue is whether your original custody agreement provided that any issues be resolved in Texas. If this language is in the original custody agreement then regardless of residencey, the matter may have to be resolved in Texas.  I would consult an attorney in Claifornia and let him/her review the documents to see what is your best course of action.


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