Legal Question in Family Law in California
Child Custody
I moved from California to Texas with my then 6 year old daughter. She just turned 8 and I have sole cusotody of her but I would like to relinguish her biological fathers rights. I have done my own research after not hearing from him and not receving any type of financial assistance (court ordered)that he has been arrested for 2 DUIs, public intoxification, and driving with a revoked license with his 2nd DUI, and he has failure to pay his fines on his initial DUI. He had supervised visitation with a licensed counselor initially when I had left him but I had agreed to supervised visitaion with his mother when I moved knowing he would never utilize his visitation. My daugyhter is VERY well cared for and emotionally stable and I would like to keep her future clear of her father's habits. Is there anywhay I would be able to transfer my case to Texas, there is no pending cases in Ca.. And do I have a case to relinguish my ex-husband's parental rights even though I have sole custody? I would like to change my daughter's last name to my maiden name and have the peace of mind that she will not have to deal with his addictive behavior and the unstableness of his behavior. What are my best steps???
1 Answer from Attorneys
Re: Child Custody
It appears from your statement that there was a court action for custody and visitation in California. Once a case for custody is filed in California it remains active until the child is 18 years old. You should see an attorney in Texas regarding the filing of a custody in Texas. This will require the Texas and California courts to determine which state should exercise jurisdiction over the custody matters.