Legal Question in Family Law in Texas
I have had my 15 year old brother living with me for two plus years and trying to get custody. I filed in dayton oh where I live and found in 2003 that custody was given to grandparents in tx who gave the boy back to his parents and they passed him to me. Do I need to file just a motion to transfer or do I have to file a full parent agreement in tx.
1 Answer from Attorneys
This child was 'passed around' but were there any court orders? The last court order is the controlling order. The Texas court has jurisdiction, and cases are not routinely moved from state to state. It sounds as if your grandparents may have the last custodial order and would be willing to agree to the modification of conservatorship. If it is your parents, they should agree as well. You need to start with a lawyer in the area where the last court order was entered. If the parties are in agreement, then you could petition the court for an agreed modification. Then that Texas order can be filed and enforced in the state where you live.