Legal Question in Family Law in Texas

custody and visitation

i'm seeking child support through the attorney general from my ex~girlfriend for our two year old son whose been with me since november 07.In seeking child support ;custody and visitation rights should be established in the order, and once they are ,my question is if my ex were to take him for visitation and leave the state with him, would the laws here in tx. see to it that he's returned to my custody at the end of the visitation period even if she's half way across the country (ie. ky)?


Asked on 2/16/08, 11:57 am

2 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: custody and visitation

If you want an enforceable order you need to hire your own attorney! What most people do not realize is that the Attorney General does not represent them. It represents the State of Texas, and is primarily concerned with seeing that someone is paying child support. AG orders are strong on enforceable support and often weak on enforceable possession and access.

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Answered on 2/18/08, 11:40 am
Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: custody and visitation

Once you have a court order establishing custody in Texas, the Texas court will have what is referred to as "exclusive and continuing jurisdiction over the child. Another state will accede to the Texas order and and it will be enforceable in the other state.

Enforcement of the order would take place in the other state of course, but the other state would be enforcing the Texas order.

The other parent cannot also cannot gain custody in the new state through that state's courts (e.g Kentucky), unless the Texas court agrees to the transfer of jurisdiction. That transfer of jurisdiction will not occur if there is a case of parental abduction that the court is made aware of.

Just make sure your custody order is airtight with respect to the issues of possession, jurisdiction, and child custody; don't rely on some pre-printed form from the internet or the office supply store.

Best wishes to you in this matter.

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Answered on 2/16/08, 1:14 pm


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