Legal Question in Family Law in Texas
My daughter lives in Texas and just had her daughter on sunday. She wants to move back to Arizona to live with me and was not married to the baby's alleged father. My daughter has been in Tasas a few months but she never changed her drivers liscence or anything over. She was born and raised in Az. Is she still considered an Az resident? Can he stop her from moving? He signed the birth certificate but then he took her and the child for a paternity test.
1 Answer from Attorneys
He could file a Suit Affecting the Parent Child Relationship (SAPCR) and probably get the child's primary residence restricted to the current county of residence in Texas and counties contiguous thereto. If the "threatens" to move back, he could file this along with a petition for an ex parte temporary restraining order keeping the child here.
She's better off trying to settle this with him. For example, file a SAPCR and then agree that she be designated as the parent with the exclusive right to designate the primary residence of the child WITHOUT regard to geographic restriction IN EXCHANGE FOR a provision that she will not sue him for child support for the first 5 years of the child's life, or something to that effect. That would be a clean deal.
Then, once she gets to AZ and lives there for 6 months, she can have the case transferred to AZ and that would make it really hard on him to try to mess with her in the future. (And really hard for her to collect child support in the future.)
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