Legal Question in Family Law in Texas
I have two children and fled the state of California and moved to the state of Texas with my children into a Domestic Violence shelter. Both my children and I have suffered emotional and physical abuse from my children's father. I have been living in Texas for nearly 7 months and have just been summonsed to court for child custody being filed against me in the state of California.
I have no idea what to do now that my abuser has found my current address in Texas. I've gone back to the domestic violense shelter to ask about relocation so that my kids father does not come to Dallas to retaliate or harm us again.
The court date is set for January 5th, 2011. There is no way I can financially afford to fly to california for this court date and I am also terrified of seeing my abuser again face-to-face. The last time I saw him, I left with a fractured jaw.
Please let me know what my options are. I was told to ignore the summons and start a custody case in Texas but I was also told that if I do not appear for court, I will automatically lose the children by default.
Please help!!!
1 Answer from Attorneys
We need some more information from you.
a. Has there ever been a child custody order for these children?
b. If "yes," WHERE was it entered? And who has "primary custody?"
c. If YOU have "primary custody," does the order contain a geographic restriction?