Legal Question in Family Law in Texas

My husband has a child in another country who is also a us citizen( his mom isn't ) he was born in Vegas . He pays child support based on child's mom and my husband's agreement. Last summer she brought him to the state but wouldn't let my husband see the child. He even bought the ticket which was $1500. Now my husband was so upset he stopped paying the support. Question is can she sue for support even though she is not even a resident or a citizen here? He also wants to sue for at least a visitation right for summer time, where can he sue and how can it be reinforced ( we live in TX)


Asked on 4/04/12, 10:19 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Only a court can order child support or visitation. However, child support can be ordered retroactively in some circumstances. Whether mom is a citizen or resident is not important. Divorce or a Suit Affecting Parent Child Relationship can be based upon the residency of either parent. So it is conceivable that Mom could file for divorce or a Suit Affecting in her country.

Enforcement is another issue. There would have to be a treaty between the U.S. and where mom resides with the child.

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Answered on 4/05/12, 5:21 am


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