Legal Question in Family Law in Texas

I broke up with my ex-boyfriend, the father of my child. He took my son, and moved to a different state. The judge ruled that we have personal jurisdiction, since we proved that he lived here, but she ruled that there is no subject matter jurisdiction. Is this possible? My attorney says that any court needs BOTH personal jurisdiction AND subject matter jurisdiction over the parties, AND over the subject matter in order to legally hear the case.

My options are to either file a motion for reconsideration, appeal the ruling, or to get a lawyer in the other state.

How can I physically get custody of my son back? I haven't seen him in 4 months! Court takes too long!!!!


Asked on 4/03/11, 3:14 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Go to the other state and get your son. You have the same rights as he does. Do not cause or become a victim of any violence.

Once your son is back in TX, immediately hire a different attorney and file a SAPCR.

Act fast.

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Answered on 4/03/11, 3:22 pm


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