The Guerra Law Firm

 

Carrollton TX Family Law Attorneys

             
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The Guerra Law Firm 

1930 E Rosemeade Pkwy, Ste 211

Carrollton, TX  75007 

Phone:  972-939-4587 
Fax:  972-939-4657 

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972-939-4587

 

 

Interstate Litigation

If you need an experienced interstate litigation attorney to help you with interstate child custody and visitation issues, interstate child support issues, or interstate divorce issues, contact The Guerra Law Firm.  A Family Law specialist attorney from our office can help you with many interstate issues -- if you are planning on moving, we can file a request with the Court to remove residence restrictions from your court order; if you or your ex-spouse has moved, we can file a request to change your custody and visitation orders to specify travel arrangements for your children; if someone has taken your child out of Texas in violation of a court order, we can file a request for Writ of Attachment or motion to enforce residence restriction.

We live in a mobile society.  People move and our circumstances change. After divorce, it is often necessary to go back to court to enforce or modify a child custody or support order. When seeking modification or enforcement of a prior court order concerning children, the first question that must be answered is what court has jurisdiction or authority to hear the new case.  Normally, the court that entered the prior order retains continuing exclusive jurisdiction for all new hearings.  However, when parties move, special transfer rules may apply. If all of the parties remain in Texas, but the child has moved to another county, the new motion will still be filed in the original court but either party may request the court to transfer the case to the new county if the child has been living there for at least six months.

If either of the parents has moved away from the state where the prior order was granted, the answer to this question of jurisdiction may not be as simple. We look to the Uniform Child Custody Jurisdiction Act and / or the Uniform Interstate Family Support Act to resolve the question of jurisdiction for interstate litigation.  If you have moved to Texas and need an interstate family law attorney to enforce or modify your court order, contact us.  At The Guerra Law Firm, an family law specialist attorney is familiar with the procedures to register court orders from other states so you may be able to file for enforcement or modification in Texas. If we determine that your modification or enforcement lawsuit must be filed in another State, we will help locate a family law attorney in the other State to file the action on your behalf.

This web site is designed for general information only. The information presented at this site should not be construed to be legal advice nor the formation of a lawyer/client relationship. Persons accessing this information should seek legal counsel for advice regarding their individual legal issues. Prior to establishing an attorney/client relationship with the firm, it will necessary for you to speak directly with an attorney of the firm, and for us to determine if a conflict exists which would prevent representation. Until such time as the attorney/client relationship is established, you should not consider any communication with us, in any form, to be privileged or confidential. Further, please do not send any privileged or confidential information to a member of the firm via this website.

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