Legal Question in Family Law in Texas

I filed for child support against the birth father via the attorney general of Texas. The birth father lives in Minnesota. The attorney general of Texas filed the suit via Ramsey County in the state of Minnesota. I was awared child support. The birth father has now filed a custody suit (for sole managing conservator) here in Dallas County, Texas. There is a rule, family law 155.001 or something similar that indicates if the original suit (child support) was brought in the state of Minnesota, the birth father must ask the court in Minnesota to transfer the jurisdiction for custody (sole conservator) to Texas. If that request was never made and filed for the court in Dallas County, Texas, the custody suit (sole conservator) hearing cannot take place. Do I have the correct family law or idea? It would not stop the sole conservator trial indefinitely, but it would postpone it. Yes/no?


Asked on 3/17/11, 8:06 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The Texas Family Code has a whole chapter of rules about interstate conflicts involving SUPPORT (it's chapter 159). There's a different chapter, with different rules, about interstate conflicts involving CUSTODY (it's chapter 152).

The basic rule is that you can't complain about being sued in your own back yard.

Go ahead and start defending the custody suit. Get a good lawyer (plan to write him a check for about $7500) and start the discovery process.

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Answered on 4/15/11, 1:32 pm


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