Legal Question in Family Law in Texas
Child Support Issue
A couple divorced in California through a paralegal service. There is NO court order stating visitaiton or child support. All support and visitation has been agreed upon by the parent's.
The mother and child have been in Texas since 11/97 while the father remaines in California.
The father is beginning to not pay the child support in a timely manner. The mother wants to take legal action...where does she have to file the paperwork to get an original order for child support and visitaion? Since the court in California didn't rule on anything wth regard to the child, and residence in Texas has been more than 6 months, can the mother file suit in the county in Texas that she and the child live in?
2 Answers from Attorneys
Re: Child Support Issue
I see some potential problems. Does you do-it- yourself divorce even mention the child? If it does you could transfer the case. The potential problem is that if the child is not mentioned in the divorce the transfer would not transfer anything. Does the father have any connection to Texas? If he does not you may need to go to California to get an order and then transfer the case. Good luck and if you need help in the DFW area feel free to call for a free phone consultation at 817 261-2671.
Re: Child Support Issue
Yes, you are correct. Since the mother and child have been in Texas over 6 months and in the same county over 90 days the case should be in the county they live in now.
You MIGHT need to transfer jurisdiction from CA to TX -- but it is a merely formality.
If you live in the Houston area, I offer a free phone consultation at 713-847-6000. I'm in trial next Tuesday and Wednesday so call me after that date.
Good luck!
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