Legal Question in Family Law in California
Child Custody
My parents have legal guardianship of my son, who is eight. I want to get him back but they won't give him up. The original paperwork was done in California. They live in Texas and I live in New Mexico. Which state has jurisdiction and where will I have to go to court to get custody?
2 Answers from Attorneys
Re: Child Custody
You will have to litigate the matter in TX if the child has resided there for 6 or more months.
Jurisdiction is where the child is, so not in NM or CA.
I can't imagine what has happened within your family to bring you to this place, but I wish you the best.
Re: Child Custody
You have a 'good' complicated legal question. To fully
answer your question I would want to know some more
information. (1) Why was legal custody of your child
placed with someone else? (2) Where is the child's other
parent? (3) When was this action taken; i.e., how long
has your child lived in Texas? (4) When and how often
do you visit with your child? (5) do you pay support
to your parents?
These are some of the baseline questions that will
be looked at by a court. And, depending on the answers,
custody of your child cannot be easily determined. For
example, if you never visit your child and it has
been many years since you have seen the child any
person will want to know why, what are the circumstances
of why that has happened. So you will need to answer
that question on some level. You may have to answer
that question to a judge.
In the end, if the child has been living in Texas
for longer than 6 months Texas may be the state
to determine the custody issues.
Good luck in your quest.