Legal Question in Family Law in Texas

Custody

I have been divorced for 13 years and have full custody of my son and always have. He lived with me his entire life and had visitations with his father. About a year ago, he wanted to go live with his Dad for a while who resides in Texas. Because he was older (15) and expressed a desire to be with his father, I agree to let him move down there. It was agreed by all that if things didn't work or he wasn't happy, he could always come home. There was no change in custody. Unfortunately, things are not well and he is unhappy and his father is telling him that because he lives with him in Texas, that he has custody and I do not anymore. I have a State of Maryland court order stating that I have full custody. Is that not valid in another state? Can he keep me from ever bringing him back to Maryland? I can't imagine that could be true.


Asked on 9/09/02, 4:39 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Custody

Your Maryland custody order is valid and enforceable in Texas. Assuming you didn't sign anything voluntarily giving up your legal rights, your ex has no right to prevent your son from returning to your home. You could ask the local court to schedule a show cause hearing to hold your ex in contempt. You'll have to have someone in his area serve him with the papers. If you can get the local court to issue an order requiring him to return your son to you, you may be able to go to Texas with it and get the assistance of local law enforcement to enforce the order and return your son to you. Or you may have to apply to the local court in Texas to issue its own order to enforce the MD order.

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Answered on 9/10/02, 11:06 am


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