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State Message Forums => Texas State Forum => Topic started by: TiredTexasDaddy33 on Jan 26, 2005, 05:34:11 PM

Title: Texas Jurisdiction??? Under UCCJA????
Post by: TiredTexasDaddy33 on Jan 26, 2005, 05:34:11 PM
I am so very frustrated, that I cannot even think straight! It is a long story, so I will try to make it as short as possible. When my ex and I divorced in 96 we both agreed to make things work and she told me she would not move our 3 yr old (at the time) too far away from me, ever! I read the decree she gave me, without having an attorney read it (because I trusted her) and signed it. It stated "she has the right to change domicile". (PERIOD) It should have stated ....change domicile in the state of Texas!! 6 months later she remarried and moved to California!

My new wife and I went to California to revise the decree, because we were told it had to be in California, not Texas! About 6 months after that, they moved to Utah! Now, what decree is the right one? The one from California or the original one from Texas? Also, if I want to revise it again, do I have to go to Utah? Is there something else I can do??

She pulled a good one this past Christmas and I blew my top. My daughter just turned 11 by the way. In the new REVISED decree from CA, it states that I must have the travel plans and itenerary mailed to her prior to 30 days of picking her up (which I have to fly from Dallas, pick up a rent car, drive to my daughters, drive back to the airport and fly back to Dallas in the same day). How convenient is that? Wow! I am in school full time and have no MONEY!! I sent the travel plans 27 days prior and they told me I could not have her, because it was not outside the court-ordered 30 days!!

Now my ex has had her two straight Christmas' and has recently told me not to even think about asking for Christmas visitation this year, because she gets her on odd numbered Christmas', so I will miss out on a 3rd in a row! I had recently asked that maybe I get her for this Christmas then, since she had her the previous two.

She is ruining my life and people wonder "Why Dads give up?????" I cannot take any more of this!!! I have not been able to see my daughter since my shortened summer in August of last year!! What the hell do I need to do? Is there anything I can do for Christmas this year? I am thinking about taking a very hard look into PAS!!

Are there steps I need to take and what order? I am going thru a major depression over this, while my ex has a Hummer and Lexus, lives in Park City Ski Resort (next to Steve Young) and just laughs at me.

Would Texas gain jurisdiction again under the UCCJA??

The UCCJA operates on the principles that (1) establish jurisdiction over a child custody case in one state; and, (2) protect the order of that state from modification in any other state, so long as the original state retains jurisdiction over the case. If a non-custodial parent cannot take a child to another state and petition the court of that state for a favorable modification of an existing custody order, the incentive to run with the child is greatly diminished.

I am sick of it!!!!!

Thanks for any help!

Cody (TiredTexasDaddy33)
Title: RE: Texas Jurisdiction??? Under UCCJA????
Post by: patton on Jan 28, 2005, 12:16:21 PM
http://www.povertylaw.org/legalresearch/manual/Interstate%20custody.pdf

I don't know a lot about this but this is a link that explains it all.