Q: My crazy ex still lives in New York. Can I modify the New York Order here?
A: Maybe. It depends on what you are seeking to modify and where the children live. If you and the kids have lived in Texas for the past 6 months and the same county for 3 months, you can seek to modify custody matters. This will be done in accordance with the provisions of the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA). If you are the payee, and seeking to modify child support and your ex still resides in the state where the previous order was rendered, you will have to seek modification in that state pursuant to the Uniform Interstate Family Support Act (UIFSA).
Q: We got divorced in Colorado. My 13 year old son and I moved to Texas a couple of months ago and my son is supposed to go visit his father over the month of July. Now, my crazy ex is smoking pot all the time and wants my son to experience a “Rocky Mountain High”. What can I do?
A: Luckily, another provision of the UCCJEA allows a court to exercise emergency jurisdiction in a case where it is necessary to protect a child from being subjected to mistreatment or abuse.
Obviously, the above are only a couple of many scenarios where modification of foreign orders might be necessary. At Hammerle, Finley Law Firm, we are well versed in these issues and all things family law. If you need an aggressive family attorney to protect you and your most valuable assets, give us a call. We can help.
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The information contained in this article is general information only and does not constitute legal advice.
