Legal Question in Family Law in Texas
child lives in PA. with Dad having moved there approx. a year ago from TX. Dad previously filed for custody while in TX but case was dismissed Dad has now filed again in TX even though he and child live in PA. Is this legal or should case be dismissed?
2 Answers from Attorneys
It's not illegal, but it would be improper to hear the case in TX. You or he should file a motion to transfer the case to whatever county the child has been living in for the past 6 months.
The case should be dismissed if the child has lived in PA for the last six months and if there is no prior child custody order from any state. If there is a child custody order, then that state retains jurisdiction unless ALL parties and the child have left that state or the judge in that state transfers the case to another state.
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