Question:
Father lives in Texas with one of the 3 children, and Mom Lives in Albany New York with 2 of the 3 children. All kids born in Texas, but Texas has a continuance Jurisdiction Divorce decree that has a Geographical restriction for the mother to live either in Texas or NY. Mom Moved to New York without father’s approval.
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Answer:
If there was a support order contained in the Texas Decree, NY cannot modify that support order for as long as you reside in Texas. It does not matter where the children now reside. The Interstate Child Support Statutes in NY and Texas are controlling on this issue. NY can only enforce the Texas support statute. It cannot modify. Whether mom had permission to move or not is a custody issue. If she has been in NY for more than 6 months, NY will likely take jurisdiction of any custody issue. You should consult with an attorney who is well versed in interstate support and custody matters.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Saratoga, New York Child Support Attorney. This does not consent an attorney client relationship.
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