If I have a current parenting plan filed in one county but moved to a different county and my ex wants to change the parenting plan, where does he have to file for it at?

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If I have a current parenting plan filed in one county but moved to a different county and my ex wants to change the parenting plan, where does he have to file for it at?

I guess I want to know if I would have to travel to court in his town, or my town, or the town where the original parenting plan was filed, which is where neither of us live anymore. I thought it was supposed to take place in the town where the child lived but I’m not sure.

Asked on January 11, 2013 under Family Law, Washington

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Technically speaking, the court that entered the order will have continuing jurisdiction over the case until the case is transferred.  To begin the modification process, one of you would have to file a motion to open the original custody suit.  From there, the movant could then request the court to transfer the case to where the children now reside.  Venue will follow the children, not the parents.


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