Legal Question in Family Law in Texas

Re: help

I understand this is stressful. Its your children after all, and what could be more important!

Your question is a little vague, but maybe this information will be helpful:

You or the other parent do not have jurisdiction. Jurisdiction is all about which STATE'S COURT gets to decide about your children. The Court in a particular state has jurisdiction (either CA or TX), that is the question the judge will decide in your first hearing if you raise the issue immediately.

If there is a jurisdictional issue it needs to be told to the judge clearly and immediately.

Jurisdiction is based on a number of factors but two things are usually most important. 1. If there has ever been a prior court order related to these kids, the court that rendered that order likely has continuing jurisdiction. 2. On the other hand, if there has never been a prior order on the kids by a court, their "home state" has jurisdiction. Their home state is where they have lived for the last six months. This is the ultra simplified version of the law on jurisdiction.

You would be well served if you could go to a law library and get a for for a "Motion for Continuance" and an "Order for Continuance" which (if the judge agrees) will give you a later court date. So a continuance is just a request for a later court date. This buys you some time and use the time to get help. from a lawyer. Ask the law librarian to help you find the forms (but he or she can't help you fill them out). Either do this or hire a lawyer to take care of this whole thing for you. That's your best choice if you can do it.

You 100% need a lawyer to help you because interstate jurisdictional issues are complex and can make even seasoned lawyers scratch their heads. If can't afford a lawyer contact Legal Aid in your area and they might be able to provide legal help.

I wish you all the best.

Art