Legal Question in Family Law in Texas

Father's rights

My husband's ex-wife is trying to change their son's legal jurisdiction to Mich., where they now are. The child was adopted by my husband in Texas and the divorce was in Texas also. We believe she will try to deny visitation and believe this is the reason for the change of jurisdiction. Can my husband refuse to sign this change, or will it go through anyway? If so, how do we rebut it?


Asked on 9/25/01, 9:38 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Father's rights

I am licensed to practice in AZ, so the information I provide is based on AZ law.

The state where the children live should be the state to make decisions regarding the children. If she and the kids have lived in Mich. for the statutory period (different in every state), then Mich. has jurisdiction whether he objects or not. But changing the jurisdiction does not change the orders; both are still bound by all existing orders until there is a modification. She can't deny visitation just because a different court is involved in the case.

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Answered on 11/17/01, 10:34 pm


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