Mandatory transfers in child custody cases 

Round Rock Child Custody Lawyer

Clifford Swayze

1000 Heritage Center Circle

Round Rock, Texas 78664

In a child custody modification or enforcement action the new lawsuit must be filed in the court with continuing, exclusive, jurisdiction. There are procedures for transferring these lawsuits to another county when filing a new lawsuit. The State of Texas recognizes that having the court near where the child resides is important. There are many reasons to have the case heard by the court in the county where the child resides including, but not limited to the following: the children’s teachers, counselors, doctors, and all other witnesses to the child’s physical health and emotional development will typically be located within that county. A child custody case deals with numerous issues and facts that make it easier to deal with the case in the county where the child resides. One scenario that may come up is the child has expressed a preference to reside with one parent versus the other. For instance, if the child lives in Round Rock, Texas, and attends school at Round Rock high school and is needed in court to talk to the judge in chambers. If the court is located 100 miles away the child is going to miss one or more days of school. If the court with jurisdiction is 15 or 20 minutes from his school then he may miss only a class or two. When the child has resided in a particular county for 6 months or longer then the State of Texas provides that transfer from a court with continuing, exclusive jurisdiction is mandatory.

The transfer from one county to another is mandatory so long as the motion to transfer is timely filed. This issue can create some confusion when person that does not normally handle family law cases deals with a case. A motion to transfer is timely filed if filed at the time of the other filing or if you are responding to the lawsuit at the time allowed for answering the lawsuit. The Texas Family code controls when dealing with motions to transfer and other venue challenges in child custody cases. There is no due order of pleadings. The overriding principle when dealing with child custody cases is what is in the best interest of the child. The courts are not hyper technical and the rules should be liberally construed in child custody cases. That being said, if you do not file the challenge to venue timely you will waive the mandatory transfer. The documents have to be filed at the time of filing the lawsuit, or if the party is responding to the lawsuit then by the time they are required to answer the lawsuit.

If you are dealing with a modification or enforcement action relating to a child custody case you should consult with an attorney. These cases are incredibly complicated and having an experienced child custody lawyer is important. If you have any questions call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

modification of a child custody order - Round Rock Texas

Modification of the parent child relationship

As a round rock lawyer frequently I am confronted with different issues that deal with children from broken households. Modifications of child custody orders have become a little more complex this year because of some changes in the law that began September 1, 2015. The issue that has been changed by the Texas Legislature is temporary orders following the filling of a modification of a child custody determination.

The Texas Legislature changed the law by adding the requirement that an affidavit has to be submitted setting for the grounds for modification during temporary orders. Presumably, the requirement of the affidavit was because the burden is so high to change who has the right to determine the primary residence of the child on temporary orders.

Another interesting topic is weather a party can be defaulted on a modification case for failure to answer. In Considine v. Considine the court noted that "before provisions relating to conservatorship, possession, and support in prior orders may be modified, the court must conduct a hearing." The Texas Court is saying that failure to answer a lawsuit in a modification does not mean the allegations in the petition to modify the parent child relationship are automatically true. In order to modify the prior order the movant must prove up the required allegations of the motion to modify.

What happens if the parent with the right designate the primary residence of the child dies? The custody order no longer governs the right to possession of a child when the person with the right to designate the primary residence of the child dies. This does not mean that a modification is not necessary. Even though a prior order may not govern the person with the right to designate the primary residence of the child, it still is a prior order. The first step a party would take when the parent with the right to designate the primary residence of the child dies would be to file a writ of habeas corpus compelling his or her present possession, not necessarily custody. The next step would likely be to file a modification of the prior order.  However, there are cases that say you a person should file an original suit after the death of the primary conservator of the child. This is clearly a very complex area of the law. If you are faced with a modification of a child custody order you should consult with an experienced child custody lawyer.

If you are in need child custody lawyer or have a modification case currently filed against you then you should seek the advice of an experienced lawyer practicing in Williamson County. If you have any questions about child custody case please call The Law Office of Clifford Alan Swayze located in Round Rock, Texas at 512-335-5245.

We serve the following communities and zip codes in Williamson County Texas:

Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.