Houston, TX asked in Child Custody, Child Support and Family Law for Texas

Q: I relocated to TX from NY can i still file Child support and custody through NYS?

Moved 4 weeks ago, child is 2,

1 Lawyer Answer

A: You do not indicate in your question whether you have custody or your ex has custody. If you do not have custody, the original Court in New York will very likely remain as the Court of Continuing Exclusive Jurisdiction. In other words, if you do not presently have custody because of a Court Order, then you will likely have to file any Motion to Modify Custody or Child Support in the New York Court. On the other hand, if you have custody and you wait to file anything until you have resided in Texas for at least 6 months, then you can file a new Petition or Motion in your home county in Texas and ask that all New York proceedings be transferred to Texas under the Uniform Child Custody Jurisdiction Enforcement Act since Texas would then be the child's new home state.

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