Custody Jurisdiction question
My husband currently has primary sole physical custody of my ss. We live in Tx and the bm lives in nm. My ss has lived with us for over 3years, two of those in tx. Tx is considered my ss home state. The current custody papers are out of nm. We will be going to court next month to transfer jurisdiction from nm to tx. Myquestion is once the nm judge transfers jurisdiction to tx, does that make the nm custody papers null and void at that point ?
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Was their any argument from
Was their any argument from the judge about transferring jurisdiction ? For example, could the judge in nm refuse to transfer jurisdiction to tx ? I wouldnt think so bc of the home state law ? And thank you your reply makes me feel much better.
He *shouldn't* because of the
He *shouldn't* because of the home state law, but judges in child custody cases get a much wider breadth in interpreting the law so that the best interest of the child is met.
Having said that, most judges are thrilled to transfer jurisdiction - where it is obviously not supposed to be with them - as maintaining jurisdiction is a drain on fiscal resources.
When I divorced my ExH we
When I divorced my ExH we lived in Nevada and then immediately moved back to Texas, all was fine with the divorce/custody decree until he stopped paying CS. I had to file with Texas' Attorney General's office to enforce CS. When Texas AG got him to court they re-wrote the custody/child support decree for Texas laws. My BS lived with me in Texas and that was his legal state.
Hmm... I understand what
Hmm... I understand what everyone is saying. However, I can't understand if jurisdiction is transferred to another state, how could the co be enforced? Until there is a hearing in Texas, and NM no longer has say so over the co, who would even enforce the order?