Legal Question in Family Law in Texas

Jurisdiction/child custody/writ of hab....

I have a 3 year old daughter.Her father has only been around her 10-14 days in the last 2 years,by his own choice.I reside in TN with the child nearly a year.He resides in TX. My children went to visit relatives in TX and he was to visit her on weekends so that she could get use to him when he had her for 2 weeks this summer.After a disagreement,I received a call from police(in the visiting town)that he was there to pick up his daughter.I drove to TX and after 3 days,she was finally returned to me after having to file a writ of hab.He has now filed the same and for joint custody,which I was never officially notified of any of the hearings,but the judge made a decision to have her returned to him.I've been told to file a change of jurisdiction to TN.He has made threats over the years that he would do anything including ''get rid of me'' to get his daughter.He is capable of it.I have numerous harassment complaints and am working on an assault charge against him from last year.I have been trying to hide because I don't 'know' anything for sure but the messages that he has left for me.Please tell me how I handle this.


Asked on 7/03/03, 4:02 pm

2 Answers from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Jurisdiction/child custody/writ of hab....

You should discuss the matter immediately with a lawyer in the Texas County where the present suit is pending as well as a lawyer in the county in which you live. You might have to take a second job and ask your family and friends for loans.

http://www.reasonable-doubt.com

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Answered on 7/04/03, 12:49 pm
Marc Reisman Rosenblum & Reisman, P.C.

Re: Jurisdiction/child custody/writ of hab....

Since he has a pending matter regarding the child in TX, you are going to have to deal with that. I am afraid you are going to need a TN and TX attorney to work together to get this worked out. I think the case should probably be handled in TN from what you have said, but first you will likely need to get the TX matter dismissed. Interstate custody cases can be very complex and if you would like to discuss this, please feel free to call at 901-527-9600. Best of luck. Marc Reisman

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Answered on 7/03/03, 4:52 pm


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