My question involves a child custody case from the State of: TEXAS/FLORIDA
The order is part of a restraining order issued by the state of FL. It grants me sole custody of my son and gives no visitation or access to my husband. I moved from FL to TX two years ago with the child, with husband's knowledge and permission (although I never asked the courts about it or anything - not sure if this matters).
I just want to get a simple divorce which I don't expect to be contested (I expect it to be default since he will neither cooperate nor fight it), but it looks like in order to do that TX needs to have jurisdiction on custody issues. Not that I want them to change the custody arrangement, but I guess they feel the need to at least make it permanent. So - HOW do I go about changing the jurisdiction? I've gotten varied answers so far, none of them really complete. So...
Do I file a copy of the restraining/custody order with the court and ask to have it registered first? THEN file the divorce petition under the same case number as the custody order?
Would filing for divorce with the restraining/custody order registered in TX cause the court to ask FL for jurisdiction? or is there something else I need to do?
HOW do I ask the court to register the order? Is there some form? Do I just hand over a certified copy and say, "Please register this" ??
Does my husband need to be officially "served" and let know that I'm registering the order in TX? Most sources say yes, but one said he only needs service if the current order gives him some claim to custody or visitation/access, which it does not.
Should I file both the custody order and the divorce petition together as part of the same action? Somehow...
One source said to start by filing for divorce in FL and then asking the FL courts to let TX hear the case instead. I really hope that's not the way to do this.
Another source said that it shouldn't matter at all and I should simply file for divorce as if this issue didn't exist. Not sure I believe that one though...
I'm so confused! It's pretty frustrating since the rest of the process sounds relatively simple. I would greatly appreciate any help here. I'm hoping I wont have to save up and hire a lawyer just to deal with this. It seems like it should be simple...
The order is part of a restraining order issued by the state of FL. It grants me sole custody of my son and gives no visitation or access to my husband. I moved from FL to TX two years ago with the child, with husband's knowledge and permission (although I never asked the courts about it or anything - not sure if this matters).
I just want to get a simple divorce which I don't expect to be contested (I expect it to be default since he will neither cooperate nor fight it), but it looks like in order to do that TX needs to have jurisdiction on custody issues. Not that I want them to change the custody arrangement, but I guess they feel the need to at least make it permanent. So - HOW do I go about changing the jurisdiction? I've gotten varied answers so far, none of them really complete. So...
Do I file a copy of the restraining/custody order with the court and ask to have it registered first? THEN file the divorce petition under the same case number as the custody order?
Would filing for divorce with the restraining/custody order registered in TX cause the court to ask FL for jurisdiction? or is there something else I need to do?
HOW do I ask the court to register the order? Is there some form? Do I just hand over a certified copy and say, "Please register this" ??
Does my husband need to be officially "served" and let know that I'm registering the order in TX? Most sources say yes, but one said he only needs service if the current order gives him some claim to custody or visitation/access, which it does not.
Should I file both the custody order and the divorce petition together as part of the same action? Somehow...
One source said to start by filing for divorce in FL and then asking the FL courts to let TX hear the case instead. I really hope that's not the way to do this.
Another source said that it shouldn't matter at all and I should simply file for divorce as if this issue didn't exist. Not sure I believe that one though...
I'm so confused! It's pretty frustrating since the rest of the process sounds relatively simple. I would greatly appreciate any help here. I'm hoping I wont have to save up and hire a lawyer just to deal with this. It seems like it should be simple...
Modification of Custody: How to Change What State Has Jurisdiction to Modify Custody
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