Legal Question in Family Law in California
My Ex-Husband and I got a divorce in the state of TX. Since then I have relocated to CA and have lived here for over six months. In our decree it states that I can relocate wherever I choose to. I have sole custody of our children ages 3 and 1. In the decree it states if I move he has to visit with the children in the city which I live in and cannot take the children out of state. He lives in VA. Neither of us has resided in TX for over 6 months. He is able to take them for two weeks and it states he has to give me written notice. He has certified a letter he sent to my old residence in TX stating he will be picking up our children at my old TX residence. I gave him notice I had relocated to CA over six months ago. Can he legally con me into traveling to TX for the visitation?
3 Answers from Attorneys
Texas law applies to the Texas order. You should seek an answer from an attorney licensed to practice in Texas. Registering the Texas order in California might be available, consult with a local attorney.
It doesn't sound like he can do that, but Mr. White is right, this is governed by TX law. I should mention though, that based on the facts you give and the Uniform Child Custody and Jurisdiction Act, you have a good case to have your case transferred to California for all further proceedings and for California law to then take over.
If you feel there is a need to seek emergency protective orders concerning the planned visitation, it may be prudent to seek that relief through the CA cours. Crucial that you meet and confer with a family law attorney to explore your legal options. More facts may produce other legal directions and outcomes.
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