Legal Question in Family Law in Texas
I filed for child support in 2016 and was told that I could only move to surrounding counties. When Hurricane Harvey hit in 2017 and flooded Houston, TX., we ended up being dislocated, lost all of our belongings, and our vehicle. The only help we received was from my now husbands family who live in Kentucky, so we moved to Kentucky because otherwise we would be homeless. Before I moved, I let my childs father know through message that we would be moving and he never responded. Mind you that was the only form of communication I had with him and I didn't know where he lived because he refuses to let me know. Now almost 3 years later he is claiming that I kidnapped her and is seeking legal aid. He has only seen her once since then and doesn't bother to call her or seek her out even though I've given him my number multiple times and my address so he can come and be with her. He is wanting us to move back to Texas even though we are not financially able to do so and our daughter has been in school here and my other daughter (not his) is going to be starting school here as well. What can I do now?
1 Answer from Attorneys
You'll be OK, but you'll need an attorney to help you through this. If you can't afford one, try Legal Aid in your area.
Here's what you need to do:
1. File a motion to modify your order in Texas AND a motion to transfer the case to KY. Under UCCJEA, you can probably transfer the case (I don't know all your facts).
2. Once the case transfers to KY, ask the court in KY to modify the geographic restriction on the primary residence of your child based on (a) father not living within the area of geographic restriction at the time that you relocated; (b) father's failure to exercise his visitation; and (c) father's acquiescence of your disaster-related relocation.
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