J Campbell
Member
What is the name of your state (only U.S. law)? Texas ; ALL parties and children reside in TN now.
Problem: Received notice (Dec 20th) of Motion to Modify set for Dec 30th 2008.
BOTH parents and children have continuously resided in TN since June of 2007 (18 months).
Facts:
-Original divorce in Texas, 2003: Co-custody...alternate days, primary residence (Father) confined to single school disctrict. No child support, split daycare costs, etc, etc. All things mutually agreed upon
-2006 Father remarried. Mother becomes angry , files Motion to Modify. Father represents pro se, not proper procedure for continuance, default judgment to Mother on the missed court date. Mother leaves immediately without notice (with children) to TN to live with family.
-2006 Father immediately gets attorney , shows documentation of bad faith on other attorney. Mother forced to move back in TX after two weeks. Prior, existing co-custody arrangement continues.
-Middle 2006: Mother makes known plans to move to TN. Father finds job in TN to move, to avoid going to court changing co-custody. Communication documented through emails. Father moves to TN. Mother postpones move for months...has chilren in TX during this time.
-Early 2007: Mother files Motion to Modify again. Children have resided in TX with mother primarily for 6 months. Father was obviously a sucker.
-Summer 2007: Hearing for Motion to Modify...judge keeps co-custody but grants primary residence to mother. Child support ordered. All is contingent on mother and father agreeing on custody arrangements out of court. Nothing is put into writing....
-Summer 2007 Mother immediately moves to TN with children. Father and Mother arrange a working solution living 75 miles apart. Solution works for a year or so, but even with continuing requests from the court, cannot get any documentation
-Both parties were pro se at the Summer 2007 Hearing.
December 20 - father receives notice of Motion to Modify set for Dec 30th. Mother has an attorney.
QUESTIONs:
How do I get Texas to relinquish jurisdiction since both parents have lived continuously in TN for 18 months?
How do I get a continuance since 10 days is not nearly enough time to get to get an attorney and get to Texas etc?What is the name of your state (only U.S. law)?
Problem: Received notice (Dec 20th) of Motion to Modify set for Dec 30th 2008.
BOTH parents and children have continuously resided in TN since June of 2007 (18 months).
Facts:
-Original divorce in Texas, 2003: Co-custody...alternate days, primary residence (Father) confined to single school disctrict. No child support, split daycare costs, etc, etc. All things mutually agreed upon
-2006 Father remarried. Mother becomes angry , files Motion to Modify. Father represents pro se, not proper procedure for continuance, default judgment to Mother on the missed court date. Mother leaves immediately without notice (with children) to TN to live with family.
-2006 Father immediately gets attorney , shows documentation of bad faith on other attorney. Mother forced to move back in TX after two weeks. Prior, existing co-custody arrangement continues.
-Middle 2006: Mother makes known plans to move to TN. Father finds job in TN to move, to avoid going to court changing co-custody. Communication documented through emails. Father moves to TN. Mother postpones move for months...has chilren in TX during this time.
-Early 2007: Mother files Motion to Modify again. Children have resided in TX with mother primarily for 6 months. Father was obviously a sucker.
-Summer 2007: Hearing for Motion to Modify...judge keeps co-custody but grants primary residence to mother. Child support ordered. All is contingent on mother and father agreeing on custody arrangements out of court. Nothing is put into writing....
-Summer 2007 Mother immediately moves to TN with children. Father and Mother arrange a working solution living 75 miles apart. Solution works for a year or so, but even with continuing requests from the court, cannot get any documentation
-Both parties were pro se at the Summer 2007 Hearing.
December 20 - father receives notice of Motion to Modify set for Dec 30th. Mother has an attorney.
QUESTIONs:
How do I get Texas to relinquish jurisdiction since both parents have lived continuously in TN for 18 months?
How do I get a continuance since 10 days is not nearly enough time to get to get an attorney and get to Texas etc?What is the name of your state (only U.S. law)?
