March 22, 2016 Leave a comment
Many parents run into the situation where there may be a pending child custody matter and the parent with possession decides to move, yet again. But now it’s to a new county. Do you have to move the case, chasing the child, all across Texas? No.
Take the case of In Re CG (jurisdiction to do anything in Mod)., (Number 13-14-00544-CV, 13th District Court of Appeals). The original order (a final decree of divorce) regarding the child was out of Sherman County. Mother had primary of the child, and when Father wanted to modify the orders less than a year later, both Mother and child lived in Moore County. Now, since the final order was out of Sherman County, the Court in that county had continuing, exclusive jurisdiction – Father had to file the modification there. But since the child had not been there for over six months, at the same time he filed the modification, he filed a motion to transfer to Moore County. Good job. Transfer accepted and done.
Then, in 2012, Mother and child moved again to Randall County. Action is still pending in Moore County, no one has lived there for over six months. Father files to transfer… and here’s the hiccup. Moore County transferred the case to Nueces County. Legally, a motion to transfer must be filed at the time of the initial pleadings (2011 when the case was transferred in). Otherwise, the Court cannot transfer the case (at least in the 13th, 1st, 14th, and 8th Districts). Only in the 3rd District (which includes Travis County – Austin) could this work.
Well, the Court transfers the case, and everything that happens in Nueces County ends up getting set aside. All the time, money, and outcomes — for nothing. Since the transfer was not proper, no court order out of Nueces County is proper, except for the order dismissing the case. Everything had to be redone in Moore County.
So not only does the case point out a (small) split in the appellate courts, but that, if you are debating a transfer, you need to do it up front with the initial pleadings.
Now – SHOULD you move the case? That depends on a range of factors, and the facts in your particular case. At this point, you should really consult an attorney to review your options.