Legal Question in Family Law in California

Change of Primary Custody

My son is 14, his dad and I divorced in 97 in Texas. Primary custody was given to him, but we have joint.

In 01 when I remarried my ex convinced my son to move to California where the ex'es family is. He has lived there now for 3 years. My son wants to come live with me and my husband now. I have consulted 2 attorneys here, both have different opinions. One says because we were divorced here that this court has jurisdiction. Another attorney I consulted says that because they have lived in CA for over 6mn. that he could file to get the case transferred out there in which case I would have to hire a lawyer there also. The first attorney didnt say anything about this to me, it has me scared to do anything because I dont know what the truth is..what is the possibility of him getting the case transferred there? I have no ties to California personally other than my son. I dont want to waste money having to hire one attorney only to have to hire another I dont know. Is there such an attorney that can practice law in both states? How can I get an affordable attorney in California if I do need one? I would hope that the case can stay here in Texas if at all possible. Thank you for your response.


Asked on 7/07/05, 7:53 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Change of Primary Custody

Mr. Johnson is correct as it relates to California law also. The California court may take emergency jurisdiction only and then consult the Texas court. File your motion in Texas. Pat McCrary

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Answered on 7/08/05, 2:32 pm
Bob Leonard Bob Leonard Law Group, PLLC

Re: Change of Primary Custody

The first attorney is correct. The case stays in Texas until ALL parties have gone, you included. The Texas (not California) judge can make a determination that it would be better to move the case to California, but that rarely happens.

You do have some other potential problems with the case, though, depending upon the current status. If I can help you, please call (817)336-8500 for an appointment.

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Answered on 7/07/05, 9:05 pm


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