Legal Question in Family Law in Texas

Jurisdiction after DWoP? Nevada & Texas

I was married when I left Texas and moved to Nevada with my two daughters. My wife was having mental health issues and was being abusive to the girls.

I didn't file for divorce because I wanted her to get treatment and become a part of the girl's lives again and having my health insurance is the only way she could have afforded treatment.

Well, SHE filed for divorce. I submitted to the court's jurisdiction and was allowed a T/O to keep the girls in Nevada until the divorce was finalized. (Dallas District Court)

$30,000 (and 13 months) later in legal fees and travel expenses, I am broke and tomorrow the case is going to be Dismissed for Want of Prosecution (DWoP) which I think is Texas' version of Dismissed Without Prejudice.

Once it is dismissed, will I still be subject to Texas jurisdiction? Even if a timely appeal is made is there any reason I am legally bound to it if I never return to Texas?

Can I ask the Nevada Courts to take jurisdiction of the children (13 and 17) and would there be a strong case for doing so?

I hope I gave enough information. Thank you for your time.


Asked on 5/03/09, 7:17 pm

2 Answers from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Jurisdiction after DWoP? Nevada & Texas

I don't know how you spent $30,000 in Texas for a lawyer but you can file here in Nevada. The Nevada courts would not have jurisdiction over your children until Texas declines. If your wife does not re-file, Nevada would assume jurisdiction, and if she does, the Nevada judge and the Texas judge would have a telephone conference and they may decide Nevada is the better place.

If you would like an appointment, please email me.

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Answered on 5/04/09, 10:50 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Jurisdiction after DWoP? Nevada & Texas

$30,000 in 13 months. For all that money you must have an attorney. That attorney knows all of the details of this case and is the best person to give you legal advice. There's a lot here that doesn't make sense.

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Answered on 5/04/09, 11:50 am


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