Does a petion to modify custody overrule assisting orders? 1 Answers as of August 11, 2011My son's mom filled for a modification in arizona and she picked up for the summer and says she not bring him back. So does her petition in another state eliminate orders here in texas and how can I force her to obey assisting orders?
Reeves Law Firm, P.C. | Roy L. Reeves
I am not sure what you mean by "assisting orders" but if you have custody orders in Texas, then her petition does not trump your orders. A petition is a request, orders are orders. If all you have is some written agreement that the two of you created so you did not have to go to court, you can still do what I advise below but the burden is on you - in other words if you tried to go cheap before, you are about to pay for it now. If your son lives in Texas with you most of the time, then Texas is the proper jurisdiction. File a Motion to Enforce here along with a Writ of Attachment for the child citing Continuing Exclusive Jurisdiction, then get a lawyer to file a special appearance in Arizona along with a Motion to dismiss pursuant to the Uniformed Child Custody Jurisdiction and Enforcement Act. I cannot give you any further advice without knowing a lot of details. So, if you live in Collin County or Dallas County, call me and set an appointment where I can give you details on the estimated cost, procedural remedies, and explain the suggestion above.
Answer Applies to: Texas