My ex, has a Order affecting the parent child relationship from Texas, I am and have always lived in California. 4 weeks ago she called me up and said she is fed up with him and he needed to come and live with me, this weekend. I bought a ticket, she told him you are going to live with your dad, and put him on a plane two days later. The call was on a friday and the flight was on a sunday. On that monday she went down and withdrew him from school. I now live in California with my son, what do I need to do to protect him and my rights, so she does not decide to come back whenever she feels like it and say send him back, I have an order. Do I have to hire a lawyer in Texas, or can I fight here in California?
2007-12-25 09:35:11 · 7 answers · asked by Daniel C 1 in Politics & Government ➔ Law & Ethics
You can file for permanent custody in the state where you reside and if she wants to contest it she would have to come to California.
2007-12-25 09:49:30 · answer #1 · answered by Anonymous · 0⤊ 2⤋
Texas has jurisdiction. Period. A lawyer in Calif will not necessarily know Texas law, or even be able to represent you in Texas.
Since she already sent him out there, it would seem she would have no issues with an agreement, that puts the modification of custody on paper, and would then be approved by the court in Texas. Normally, a judge only has to rule when the parties can't agreee. Until that modification is approved and of record, she can do exactly as you said...
2007-12-25 19:56:01 · answer #2 · answered by wendy c 7 · 1⤊ 0⤋
From what you have said here, it appears that the texas court has jurisdiction of this case and most likely will have it until the minor is of age. It is rare for courts of one state to allow courts of another state to take over domestic law cases. Where it begins is usually where it ends.
That being said, you should contact an attorney in texas asap and modify the present court order. If your ex signs off on the modifications, then it will be quick and easy.
2007-12-25 18:32:15 · answer #3 · answered by Monk 4 · 0⤊ 0⤋
Contact a lawyer there in California to have papers drawn up giving you physical custody of your son after your ex voluntarliy gave custody to you after not wanting him anymore. The quicker you get this done the better off youre going to be before she does change her mind and you end upwith more trouble then you need. Good luck
2007-12-25 18:45:32 · answer #4 · answered by Arthur W 7 · 0⤊ 1⤋
You have to get the court order changed so you have custody
2007-12-25 17:54:06 · answer #5 · answered by less 6 · 1⤊ 0⤋
You need to talk to a licensed lawyer. If you don't have any money you might call the department of children's services.
2007-12-25 17:41:46 · answer #6 · answered by Citizen1984 6 · 0⤊ 0⤋
I would go see a lawyer in Ca. ,you want it all done there if possible as Ca. has very good laws to protect children and custody rights.
2007-12-25 17:40:16 · answer #7 · answered by Mason's Mom 3 · 0⤊ 2⤋