Legal Question in Family Law in Texas
Help - Father/custody take children out of country, children want to be with Mom
5 years ago my ex talked me into letting the children live with him,we were both living in the same town. 2 months later he gave me a 3 day notice he was moving overseas. I went to seek legal aid and they said I made $50 too much the year before and all others wanted $5-7000 just to retain them and could not guarantee results. I never consented to him removing our children. It has been very hard on me and I have worked very, very hard to put myself in the position to fight him financially. The children have been crying to me, please mom and now they are 15 & 11, however I am in Colorado and Texas has jurisdiction. I can not allow my children to get back on that plane this summer or I could perhaps never see them again. But I can't just not try to gain custody. I now have the financial means. The x is nervous, because deep inside he knows, but would never acknowledge that our children want and need their mother and vice versa. Is there a possibility of Texas relinquishing jurisdiction to Colorado? Please, Please Help Me!
3 Answers from Attorneys
Re: Help - Father/custody take children out of country, children want to be with
If the children and their father reside in Texas and have lived here for 6 months, you will need to come to Texas to file for a modification. I agree with Mr. Pfister, the affidavits of the children will usually sway the judge but what judges are really looking for is the best interests of the children. If a judge believes that the affidavits are the result of bribery or threats they will be discounted. If the children have a valid reason for wanting the change, it will usually be granted. You said that Texas had jurisdiction but that the children had been moved out of the country. Are they back in Texas now? Maybe more detail would help in getting the answers.
Re: Help - Father/custody take children out of country, children want to be with
Texas won't give up jurisdiction...the child and father are there. Even if you moved here, getting custody wouldn't be a slam dunk even if the children signed affidavits choosing you as the primary custodian. But you would have to move here to have much of a chance.
Re: Help - Father/custody take children out of country, children want to be with
You didn't mention if the children and your ex were living in Texas. If they are, then Texas will have jurisdiction and you must fight custody here. If not, then Texas may give up jurisdiction if another state assumes it.
Assuming Texas has jurisdiction, your children as they are over 10 can sign affidavits saying they want to live with you. This will help in winning custody of the children. You dont necessarily have to live in Texas to win custody. The courts will consider the best interests of the children taking into consideration a number of factors. Custody litigation is very fact specific and you really should consult with an attorney if you are considering fighting custody.
Good Luck.
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