Legal Question in Family Law in Texas

Re: Child Custody

Your daughter needs to have her situation evaluated by an attorney in Texas. The Uniform Child Custody Jurisdiction Act will probably affect which court has jurisdiction over any child custody issue. Regardless of which court has jurisdiction, the court will have to act in the child's best interest in deciding any travel restrictions for the child. However, the court cannot restrict your daughter's right of travel and since no court has acted so far your daughter is free to take the child anywhere she wants. However, it is not in her interest to try and hide with the child. Texas law may allow the father to obtain custody in her absence. If the father never admitted paternity, he will have to establish paternity as part of any claim for for restriction on travel. If the mother has been providing continuity of care for the child, it is very likely she will get custody and the father will get visitation and the opportunity to pay child support.

Re: Child Custody

You have asked a very complex question. I think you should have your daughter talk to a Texas attorney in the part of Texas she lives in.

I have a practice devoted to family law issues. I would be glad to talk with her for a free phone consultation for 15 minutes if she lives in the Houston, Texas area (Ft. Bend, Brazoria County, Harris County, etc.) If she lives outside of the Houston area, then she needs an attorney familiar with the family law courts in her part of Texas.

Please be advised in that the counties I practice in, that if the father wants the child restricted to the county they currently live in then the Court will probably restrict the child to living in that county. The mother is free to live where ever she wants -- however, the child is restricted.

As you can see, your daughter really needs to talk to an attorney.

Good luck!

Fran Brochstein

713-847-6000

www.familylaw4u.com

Re: Child Custody

Mr. Pettigrew made a supposition. His supposition is that paternity has never been established by the courts. You did not give us enough information to give good advice. In Texas, there are some counties that refuse to allow the primary parent the right to move with the children to move from the county as long as the other parent lives there. While I have my own opinion that this is wrong, it is the law. Your daughter might, depending on the man's status in a legal sense, be allowed to move anywhere. Taking the child with her is another matter. If she lives in the DFW area I would be happy to give her a free 20 min. consultaion by phone. Her status is very affected by where she lives and how much money the father has to fight her choices.