Divorce Modification

[jenkinskids]

I got divorced in the state of Ohio back in 2006 and would like to modify a part of my divorce decree related to visitation. I live in Texas and would like to know can I file for a modification against my divorce in Texas?

 

[Proserpina]

I got divorced in the state of Ohio back in 2006 and would like to modify a part of my divorce decree related to visitation. I live in Texas and would like to know can I file for a modification against my divorce in Texas?

Could you tell us what your current orders state, and what is it you're trying to change exactly?

 

[Ohiogal]

I got divorced in the state of Ohio back in 2006 and would like to modify a part of my divorce decree related to visitation. I live in Texas and would like to know can I file for a modification against my divorce in Texas?

Where do the other parent and children live? If either are still in Ohio, then OHIO has jurisdiction. Texas does not.

 

[mistoffolees]

Where do the other parent and children live? If either are still in Ohio, then OHIO has jurisdiction. Texas does not.

Even if they've moved out of state, OH still has jurisdiction until it is actually changed.

 

[jenkinskids]

Reply

I would like to first thank you all for your replies and help in this matter.

The original filing state is in Ohio. I am the residential parent and the children live with me here in Texas.

The modification that I am looking for is relatively small. Here is the situation: My oldest son is a very active high school athlete and would like to stay in TX to go to football camps. However, because the divorce states he is to be in Ohio for the summer his father is ultimately forcing him to visit over staying for the camp. I am hoping to have a modification around the summer visitation schedule. This is important to him and being in high school could be one means to him getting scholarships to colleges in the future. At this point his father is against him staying and is demanding he come to Ohio.

I want to modify the visitation for all my children when it comes to conflicts around school related activities and staying in their residential state. I have two smaller children and would not like for this to be a problem in the future.

I will add that my divorce states that my ex is to have his children during:
Thanksgiving Break, Christmas Break, Spring Break, Easter, and has an option to have them once every month. He only chooses to get them the one time of the year. I believe it is unfair to punish my children and their future because of my ex's actions.

 

[mistoffolees]

I would like to first thank you all for your replies and help in this matter.

The original filing state is in Ohio. I am the residential parent and the children live with me here in Texas.

The modification that I am looking for is relatively small. Here is the situation: My oldest son is a very active high school athlete and would like to stay in TX to go to football camps. However, because the divorce states he is to be in Ohio for the summer his father is ultimately forcing him to visit over staying for the camp. I am hoping to have a modification around the summer visitation schedule. This is important to him and being in high school could be one means to him getting scholarships to colleges in the future. At this point his father is against him staying and is demanding he come to Ohio.

I want to modify the visitation for all my children when it comes to conflicts around school related activities and staying in their residential state. I have two smaller children and would not like for this to be a problem in the future.

I will add that my divorce states that my ex is to have his children during:
Thanksgiving Break, Christmas Break, Spring Break, Easter, and has an option to have them once every month. He only chooses to get them the one time of the year. I believe it is unfair to punish my children and their future because of my ex's actions.

First, taking away a large chunk of the other parent's time is not a small modification.

Second, since the other parent is still in OH, the matter will have to be heard in OH.

Third, don't count on football camp being a valid excuse to deprive the other parent of his parenting time.

 

[Proserpina]

First, taking away a large chunk of the other parent's time is not a small modification.

Second, since the other parent is still in OH, the matter will have to be heard in OH.

Third, don't count on football camp being a valid excuse to deprive the other parent of his parenting time.

I completely agree.

But, if the child is exceptionally talented, it's possible (though how likely I couldn't even begin to guess) that the CP will get their way.

 

[LdiJ]

First, taking away a large chunk of the other parent's time is not a small modification.

Second, since the other parent is still in OH, the matter will have to be heard in OH.

Third, don't count on football camp being a valid excuse to deprive the other parent of his parenting time.

I don't disagree, but I also don't think that she is talking about the entire summer. I think that she may be only talking about the time needed for football camp. Aren't those normally just a couple of weeks at the end of summer break? Right before school starts?