Legal Question in Family Law in Texas

Mother lives in Illinois until 9 1/2 months pregnant, then gets on a plane and moves to Texas. If the child is born in Texas, but mother is not a resident of Texas, does Illinois still retain jurisdiction if a paternity suit was filed prior to the child being born? Or does Texas get it because the child was born in Texas?


Asked on 4/15/10, 5:09 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

This scenario happens frequently.

UNLESS Mom moved to Texas because of Dad's conduct, GENERALLY jurisdiction lies in the state where (a) Dad lives and (b) the sexual intercourse occurs. If Dad impregnates someone in Illinois, he (generally) won't be required to follow Mom across the country just because she decides to give birth in some distant location.

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Answered on 4/21/10, 5:38 am


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