Legal Question in Family Law in Texas
A child custody case was finalized in Texas, with a judge in Grayson County Texas, the child has custody with her mom, in Michigan. Her mom filled custody case in Michigan, even though the case was finalized in Texas last year. The father has lost his rights so far to see his daughter. What rights do we have if the case was done in one state, and the mother filled another case in a different state.
1 Answer from Attorneys
Once the child has lived in another state for at least 6 months, the parent with whom the child lives can have the case transferred to the state wherein the child resides. The proper way to do this is for the mother to have filed a motion to transfer in Grayson County, giving the father the opportunity to file a controverting affidavit.
You could file a special appearance in MI and object on the basis that the courts of TX have continuing exclusive jurisdiction of the chid. You will need a good family law attorney to help you through this. And ultimately, based on your facts, the case will get transferred to MI anyway.
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How do i get a new copy of my child custody orders Asked 6/16/11, 2:29 am in United States Texas Family Law, Divorce, Child Custody and Adoption
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