Legal Question in Family Law in Texas

custody

I have custody of my daughter and a

parenting plan filed in Washington

State. I moved to tx to be with my

daughters father and have lived here

for 4 mo. If I stay past 6 months will

my daughter be considered a legal

resident of tx? If I try to move back

to our home in Wa, can he stop me?


Asked on 1/19/09, 5:58 pm

1 Answer from Attorneys

Robert Matlock Robert J. Matlock, P.C.

Re: custody

In theory, the Washington court has jurisdiction over the issues until another court assumes that responsibility. As long as either parent resides in Washington, any modification suits will need to start there - in the court that issued the existing orders.

Generally, the children residing in a state for 6 months creates the assumption that the state is a permanent residence for the children.

You are governed by the Washington order at this time. Since I don't know what it says concerning residence of the child, I can't answer your last question.

I suggest you contact a lawyer for advice because inter-state issues are complicated.

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Answered on 1/19/09, 6:23 pm


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