• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

State to State Responding

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

merigrl824

Junior Member
My husband who is a California resident, has filed divorce and custody papers on me in California after signing and having notorized Texas divorce papers with different custody request. I am a Texas resident and while we had the papers notorized, I never filed them. Do my notorized papers have any standing? How should I rspond out of state? Can I get my case transferred to Texas?
 


mistoffolees

Senior Member
My husband who is a California resident, has filed divorce and custody papers on me in California after signing and having notorized Texas divorce papers with different custody request. I am a Texas resident and while we had the papers notorized, I never filed them. Do my notorized papers have any standing? How should I rspond out of state? Can I get my case transferred to Texas?
Unless the TX papers have been filed with the court, they're largely meaningless.

However, please lay out a time line. When was something filed in TX? Is the case still open? When was the CA case opened? If the TX case is still open, you can pursue getting that finished rather than closing it and dealing with CA.
 

LdiJ

Senior Member
Unless the TX papers have been filed with the court, they're largely meaningless.

However, please lay out a time line. When was something filed in TX? Is the case still open? When was the CA case opened? If the TX case is still open, you can pursue getting that finished rather than closing it and dealing with CA.
Also, where do the child(ren) live? If they live in CA, TX has no jurisdiction over the children (assuming they have lived there for at least 6 months), if they live in TX, then CA has no jurisdiction over the children (assuming the same 6 months issue).
 

mistoffolees

Senior Member
Also, where do the child(ren) live? If they live in CA, TX has no jurisdiction over the children (assuming they have lived there for at least 6 months), if they live in TX, then CA has no jurisdiction over the children (assuming the same 6 months issue).
It's even more complicated than that. For example, if the children had lived in CA for 6 months and ex filed in CA - and then the children moved, CA would still have jurisdiction as long as the case remained open - even if the kids were in TX for 6 months.

OP needs to provide a detailed timeline.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top