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    mshlo26's Avatar
    mshlo26 Posts: 1, Reputation: 1
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    #1

    Jul 29, 2009, 07:14 AM
    How do I move jurisdiction?
    . My ex and I separated on April 15th 2006
    In which time I moved to la salle louiisiana.. we had court here and I was given custody of our two children.

    On June 2 2009 I was served papers from his attorney daying he wants full custody

    Problem is he filed in montgomery county tx. Ehich none of us have lived in since the separation in 2006.
    He resides in harris county tx and at time of filing I lived in bell co tx. I currently live back in la salle parish and am wanting to have jurisdiction put back where it originated.

    We have not bewen to court yet and I need to know how to file to have jurisdiction moved back..
    Thank you.
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #2

    Jul 29, 2009, 07:25 AM
    Jurisdiction is typically where the children have lived for the last 120 days.

    Talk to an attorney about filing a response in Montgomery County, stating they do not have jurisdiction to hear the case. The case will be dismissed in that county and he will have the ability to refile in the correct jurisdiction.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Jul 29, 2009, 07:39 AM

    The court that currently has jurisdiction is the one that issued the original divorce and support order.

    This does not automatically change. Any modification to the order would have to be made there OR through the court that has jurisdiction where the custodial parent resides.

    File a motion to dismiss with the Mont. Co. court. They do not have jurisdiction over this case. You may call his lawyer and tell him. He might be reasonable.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jul 29, 2009, 01:20 PM
    Quote Originally Posted by stevetcg View Post
    The court that currently has jurisdiction is the one that issued the original divorce and support order.

    This does not automatically change. Any modification to the order would have to be made there OR through the court that has jurisdiction where the custodial parent resides.

    File a motion to dismiss with the Mont. Co. court. They do not have jurisdiction over this case. You may call his lawyer and tell him. He might be reasonable.
    This may be a problem if the original order gets dismissed because of bad handling. How long did you live in LA before you actually filed paperwork ?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #5

    Jul 29, 2009, 10:06 PM
    Quote Originally Posted by mshlo26 View Post
    . my ex and i seperated on april 15th 2006
    in which time i moved to la salle louiisiana ..we had court here and i was given custody of our two children.

    on june 2 2009 i was served papers from his attorney daying he wants full custody

    problem is he filed in montgomery county tx. ehich none of us have lived in since the seperation in 2006.
    he resides in harris county tx and at time of filing i lived in bell co tx. i currently live back in la salle parish and am wanting to have jurisdiction put back where it originated.

    we have not bewen to court yet and i need to know how to file to have jurisdiction moved back..
    thank you.
    You need to be a little more clear about who lived where, and when.

    It sounds like Louisiana has continuing exclusive jurisdiction over child custody, so that should be the end of it.

    You have to file a motion to quash/dismiss the proceedings in the Texas action for lack of jurisdiction.
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