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Venue Change Of Venue

The location of the court, in contrast to jurisdiction, which determines whether a court has legal authority to hear a case. Venue is where a court, with proper jurisdiction, will hear the case. When a case is transferred to a new location within the same jurisdiction (county or state), the transfer is called a change of venue. Usually, the county court in the county where the parties last lived together is the proper venue.

Question: How do I change Venue of a TEXAS Child support order to Florida where the Father and I live? Texas gave joint custody to my childs father giving him the right to residency . He lives in Florida I was living in Texas with my daughter at the time. Four years later I got a hjob with a company that I was able to transfer to there office in Florida and We all now live here . I have lived here now for 3 years , I tried to change venue but the courts here told me Texas wont relinquish jurisdiction. What am I suposted to do now I have another child and He had me paying childsuport on an income I can prove I never came close to ever making.

Answer: If you got divorced in Texas, that court is going to retain jurisdiction until the child is 18 years old. A FEDERAL LAW, the 1994 Child Custody Act, prevents parents from being able to move to another state with their children without the permission of the other parent or the Court of Original jurisdiction. Unfortunately, it also prevents Texas from "ceding" jurisdiction over Custodial and Child Support issues to another state- even with the permission of the parties! You could file a motion for Modification of Child Support in TEXAS, and hope the Judge would consider that Texas TECHNICALLY does not have, "a dog in the hunt", anymore, but he likely will NOT change anything but the AMOUNT. Think about it; all you'd have to do is move back to Texas, and the whole process would have to start over again! The Law does NOT like people to be "playing" those kinds of games (the way the COURT would see it!)


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