Jim Jones' Legal Blog

            We have seen a number of cases where people were divorced in other states moved to Texas and had to modify or enforce divorce decrees or custody/child support orders.  The procedure is fairly straightforward and begins with obtaining certified copies of the orders or decree from the issuing state.  The cost is minimal, usually no more than a dollar per page. 

            It should be noted that many states, such as California and Washington, do not issue orders combining child support, custody and division of assets and liabilities in a single final decree of divorce as we do in Texas.  It is a good practice to obtain certified copies of all orders issued by the foreign state concerning the dissolution of the marriage. Once the orders have been obtained, a written request to register an order under the Uniform Child Custody Jurisdiction and Enforcement Act, Section 152.305 of the Texas Family Code must be filed with the district clerk, along with the certified copies of the orders sought to be modified or enforced.  A sworn statement by the person filing the request must state that the foreign orders have not been modified.  Once that is done, the foreign orders may be enforced or modified just like any other order issued by a Texas court.  The modification or enforcement may be filed at the same time as the request for registration and the sworn statement.

            This process is crucial in situations where an out of state child is wrongfully detained in Texas by the non-custodial parent .  At the time that the above described procedure is observed, an application for writ of habeas corpus is filed and a hearing is scheduled.  Assuming that there are no extenuating circumstances, the court will order the child returned to the custodial parent.  Even if the non-custodial parent files a modification, a special appearance by the out of state parent is likely to defeat it since the out of state court has continuing, exclusive jurisdiction over the child.  In such a case, the Texas court is without jurisdiction to act and must dismiss the petition.  The habeas corpus statute provides that simply filing a habeas does not subject the movant to the jurisdiction of the Texas court in a suit affecting the parent child-relationship.  Thus, the movant is free to assert the habeus corpus without fear of submitting to the jurisdiction of the Texas court for all purposes.  These comments are intended to convey a general sense of the remedies available and one should consult a competent family law attorney for a more detailed analysis of a particular problem.