Under the Uniform Child Custody Jurisdiction Act, a custody case can be determined only in the state where the child lives and has lived for at least 6 months. If custody has already been determined, you can still request custody, but it needs to be done in the state where the child lives. Sometimes the court will allow residence to be established in a lesser time i.e., the child is registered in school. This shows the intention that the child will at least live there for a year to complete that grade. It’s not always accepted by the court, but some Judges will allow that argument.
Greetings. Yes, it is possible, as long as everyone has moved out of the jurisdiction where the case was originally filed. So, if everyone has moved out of Texas, then you can file in the new jurisdiction where the child is. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Is it possible to move a child custody case from one state to another? I have lived in NC since 04 but the divoce, which included the child case, was filed in TX.
Thanks for your help!