Legal Question in Family Law in Texas

My husband had a daughter with his ex girlfriend 8 years ago. They have alway had a decent relationship until it came to visitations. She never allows her to visit unless its on her terms and in her town. Which is rather difficult because we live in Texas and she now lives in Washington. They lived together until she was 3 years old then he was ordered to Iraq. She constantly moves around and his daughter is only going to the 3rd grade but yet has been in two different schools. We have also found out that she is once again moving, and now to Texas. She has filed for a Parenting Plan in Washington and it hasn't been signed by the courst yet. Can my husband file for custody in Texas since he is financilly stable and doesnt move around at all? Or do we need to wait and ask for a modification in Washington? Her mom has different men all the time and is now moving to Texas with this new guy. We are worried about her education and her mother doesnt think its that important.


Asked on 8/12/10, 8:42 am

1 Answer from Attorneys
TC Langford Langford Law Office

Has any court issued orders regarding the welfare of the child? If so, then jurisdiction lies with that court. If not, and he can establish the child's ties to Texas, then he can file in a Texas court. Whoever wins the race to the courthouse, will place the other person in the position of trying to overcome the jurisdictional issue.

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Answered on 8/17/10, 1:28 pm


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