How Do I Change Venue to Texas From Maine for Child Custody?
- 1). Determine whether Texas can assume jurisdiction over the custody case or just enforce the Maine order pursuant to UCCJEA. If you can prove that Texas has a “significant connection” to a child, and Maine is no longer assuming jurisdiction over the case, then Texas may hear the case. If you feel that you can show that Texas has jurisdiction, contact the court within your county of residence in Texas and file for a custody hearing.
- 2). Employ a lawyer. While attorneys are not required to petition for child custody, interstate custody cases can be rather complex and you will want assistance from someone who is familiar with the terrain. A Texas attorney who specializes in family law will review your Maine court order and evaluate your situation and inform you of your options. If your lawyer deems that the Maine order is no longer sufficient for your situation, and that Texas may have a significant connection to the child, you will have to petition for a custody hearing.
- 3). Draw up a petition. Your attorney will require you to provide specific information to assist her in drafting your petition. Your petition must detail why you are petitioning for the change in jurisdiction, and state any evidence relating to any parties involved that would warrant intervention by Texas in regards to the custody case.
- 4). File your petition. Once your petition is completed, your lawyer will file it on your behalf with the clerk of courts. There is a filing fee that must be submitted with the petition, and it varies depending on county. Your attorney will also need to serve notice to the other parent via standard mail, certified mail, or by way of sheriff service.
- 5). Appear at your court hearing. The judge or magistrate will look over the evidence presented and determine whether there is suitable grounds for Texas to issue a new custody order for your case. All cases are determined based on the best interest of the child.
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