Q: Ex and son in San Antonio, TX. If I move there, can things change?
I gave permission for ex to move to San Antonio after divorce. Parenting plan was set for him to be with her during school, I'd get every summer and every other Christmas vaca and birthdays. Joint decision making. Paying $500/per month child support. Custody set in CO. If I move to San Antonio, TX, will I be able to get half custody as should of been if she stayed here? Could she file to get custody orders done in TX instead since I'd no longer be in CO? Would more time with him lower my child support?
A:
Likely Colorado has already lost jurisdiction over the child and Texas now has jurisdiction over the child.
Moving to Texas should provide grounds to seek a modification based on changed circumstances. I am not familiar to Texas family law, so I cannot comment on the possibility of joint custody (it is default in Colorado, but I do not believe joint is default in Texas). Contact a Texas attorney if you do move or want more information about Texas law.
A: If you move to TX, Colorado could lose jurisdiction over the visitation issue, under the Uniform Child Custody Jurisdiction and Enforcement Act, as no parent or child would continue to reside in CO. If you file to modify here, the court could, on it's own, indicate the case should transfer to TX. The other parent could also request that CO give up jurisdiction. These are pretty strong likelihoods if child has been gone from CO for more than 6 months. You could file to modify here, before you leave. You should consider talking to a TX attorney to weigh your options as well in terms of how TX law would treat this situation. If you move to TX, child support could also be transferred there.
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