Q: How do I file a motion to dismiss a child custody case from Louisiana for modification in Texas?
I live in Texas with my daughter, but her Dad lives in Louisiana. Lately, he's become aggressive and can't stick to the orders. He recently filed a report with CPS with false allegations. I'm needing to enforce the orders and modify them in Texas. I understand there's a motion to file regarding Louisiana being an inconvenient forum.
A:
Under the Uniform Child Custody Jurisdiction Act, Texas becomes the "home state" of the child once the child has resided in Texas for six months. If your child has resided in Texas for at lease six months, you can simply file a motion to modify in a district court with family law jurisdiction in the county where the child has resided for at least 90 days.
A lawyer who practices in the area of family law in or near that county should be able to assist you. While it may sound complicated to a lay person, this situation arises often in the area of family law. The interstate aspects are not so complicated that they require years of family law experience--even a relatively young, less experienced (and therefore less expensive) family law attorney ought to be able to handle this relatively common situation.
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