If I was issued a custody order in Arizona granting sole legal and physical custody but now reside in Texas, do I still need to comply with the original custody order since I now live in a different state?
If you have a custody order from Arizona granting you sole legal and physical custody of your child, that order remains in effect until another order is entered.
If you moved to Texas with your child, the Arizona order still applies, but you should have it registered in Texas if you and the child have been living there for more than six months.
If there are provisions in the Arizona order that are not beneficial to your child anymore because of your move, you may be able to file a motion to modify the custody order.
Most states, including Virginia where I practice, allow you to petition a court to modify a custody order if there has been a material change of circumstances.
It is very likely that your move from Arizona to Texas is a material change of circumstances. You can modify the order in Texas so long as you register the order first.
You should contact an attorney licensed in Texas to go over your options for registering the order and filing a motion to modify if it would be beneficial to you and your child.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”