Legal Question in Family Law in Texas

Custody Issue involving Passport

The Facts:

We Lived in AZ when our son was born 1998

She Moved to TX 2 Years after that in 2000

I moved to VA 5 years later 2005

AZ still has jurisdiction of the case. She will not move it to TX because she doesn't want me to have 1st, 3rd and 5 ht weekends with my son. Nor will she ask for more child support in VA or AZ because I could because I could then challenge the AZ jurisdiction over my son.

All this was OK with me until i wanted to get him a passport, she says no, but i don't want to file anything in TX or AZ because i don't want to submit ''myself'' to TX jurisdiction, nor maintain the AZ jurisdiction.

how to I get TX to take jurisdiction over my son but not me?

Thanks


Asked on 3/11/09, 5:47 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Custody Issue involving Passport

You say you want TX to take jurisdiction but you don't want to submit to TX jurisdiction. You can't have your cake and eat it too. If TX gets jurisdiction (and you could ask for that), then you're going to be subject to the decision of the TX courts - one way or another. Seems like you might want to take the initiative if you want to visit with your son. Good Luck.

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Answered on 3/11/09, 6:23 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody Issue involving Passport

Under the Uniform Child Custody Jurisdiction Act(UCCJA) Texas already has jurisdiction over the issue of custody if the child has resided there more than six months. I would suggest that you consult a Texas lawyer who handles domestic relations matters in that state and who should be able to advise you further as to what needs to be done to resolve this passport dispute with the child's mother.

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Answered on 3/11/09, 6:28 pm


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