My Ex and I have Joint Custody and Live in Two Different Counties, Which County do I File for a Modification?

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“Me and my ex-wife have joint custody of our 11 yr old daughter with me being the primary conservator. The primary custody was given to me to me in 2003 due to to my ex-wife’s drug use, multiple relationships and relationships with known felons that left the child in a dangerous environment. The case was filed and heard in Harris County- Houston Texas. Me and my family has since moved to Dalla s TX. in Dec 2004 and have been here ever since. If I needed to file for any modifications which venue do I need to file in since my daughter has been living in a different county for almost 4 1/2 yrs? Also if my ex-wife wanted to file for a modification which venue would she have to file in since she is in Houston and I have been in Dallas for 4 1/2 yrs?”

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Generally speaking if one of the parents remains in the original county, then the motion can be filed and heard in the original county (in this case Houston).

However, that said, you can also file for a change of venue based on convenience and the fact that most of your daughter’s contacts and roots are in Dallas, if you are the one who is going to file a motion.

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Author: House Attorney

A house attorney has answered this question.