Legal Question in Family Law in Texas

Custody Rights

My daughter, age 12, has lived with me here in TX since she was 3. She has visited her father for holidays and summers in MD. He is active duty USAF and is remarried with children.Last summer my daughter decided she wanted to get to know her dad and spend a school year in MD.So she has been there since Aug. 2008.My ex said he didn't need money, just that if I could send some to her to spend as she wanted. I have sent gift cards monthly, clothes, contacts and carry medical, eye and dental insurance on her, as he does medical.He asked me to help pay for some of her softball uniform after I just bought her plane ticket home to visit me for her spring break.It's been a month and a week since he asked me to help pay.He called me the other day and told me he was frustrated because I said I would help and he hasn't seen any money yet.The deal was for a year.Now he tells me she want to stay for another, yet she tells me and my current husband she deosn't know what she wants to do.She doesn't want to have to make the decision.My ex threated to take me to court if I don't pay to him regular a set amount.He didn't want money at first, but now he does. What grounds does he have for custody?we have joint, but i have primary. Divorce filedin GA


Asked on 4/16/09, 5:05 pm

1 Answer from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: Custody Rights

You need to talk to a lawyer because the law related to your situation is complicated and there are no absolute answers.

You can "register" a decree from another state in Texas and ask the Texas court to change the prior orders. That would be your procedure to have the GA order recognized by the Texas court and have the Texas court take control over what orders might later be entered.

In order to register the order and ask the Texas court to take control over the case, you should have the child living in Texas.

There is a presumption that the state where the child lives should be the location where decisions are made about custody, support, etc. As a general rule, if a child lives in a state for 6 months or more, the judges in that state will assume they should have control over the GA order and any changes made concerning that order.

I don't know what the law in MD provides; however, it probably will allow your ex to file suit to register the GA order and have the court modify it concerning custody of the child because the child is living there for more than 6 months.

Bottom line - if you want the Texas courts rather than the MD courts to have control over the orders, you need to have the child in Texas.

You need to consult with a lawyer.

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Answered on 4/16/09, 5:21 pm


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