Legal Question in Family Law in Texas

Child Custody

My child's father and I have never been married nor have we ever been to court for child support or a custody order. We both lived in TN, until recently when my husband who is in the military got stationed in TX. If my child's father wants to get a court order for custody, which state will we have to go to court in? TN or TX?


Asked on 6/09/09, 11:13 am

2 Answers from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: Child Custody

There is a presumption that the state in which a child resides for 6 months or more has jurisdiction over the child to enter custody orders.

If you intend to initiate a suit or the father does so, I suggest you hire a lawyer.

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Answered on 6/09/09, 11:17 am
Bob Leonard Bob Leonard Law Group, PLLC

Re: Child Custody

Texas provides that it has jurisdiction only if the child has resided in Texas for 6 months. It can assume temporary emergency jurisdiction if warranted, but the main case will have to be in Tenn.

Of course, he can file in Texas and make you spend the time, money, and effort to dismiss it so it would be better for you to file in Tenn. and start the case on your home turf.

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Answered on 6/09/09, 2:32 pm


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