Legal Question in Family Law in Texas

I live in SC. I need to know if it is legal for my ex wife that lives in TX to go to court for full custody of my son without her or her lawyer serving me with papers letting me know when and where court will be held so that I have the opportunity to show up? I did not leave them. When we lived in NC she cleaned out our bank account and took him while I was at work. She said that she was coming home in two weeks, that she was visiting her mom in TX. Two weeks later she cleaned out the bank account again and never brought my son back home to me. She did not show up for court when we got divorced. And she is keeping him from me. She would not let him come here for christmas and is now saying that he can't come over the summer either. When I call she doesn't answer the phone or give him my messages or even tell him that I called so he doesn't return my calls. When I leave a message for her she doesn't return my calls either. Now she is telling him that I am a "Dead beat dad." She sent me a text tonight threatening me saying that the lawyer was going to "give me the book" and then said " thats ok, we go to court in February." But yet thats the first I have heard of this. Is what she is doing legal?


Asked on 1/25/10, 9:15 pm

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

The court that divorced you should have "continuing jurisdiction" over your son. This means that only that court can modify child support, custody, and visitation issues. However, the court of continuing jurisdiction can be changed if the child's residence changes. So if she did this the right way, she would have to change the court of continuing jurisdiction before she could get anything done.

You need to see your divorce lawyer and have him find out what is going on.

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Answered on 1/30/10, 11:17 pm


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