Legal Question in Family Law in Texas

Re: Personal Jurisdiction TX

Thank you for your questions. As I have noted in other posts, jursidictional issues can be complex, and more facts are typically required to provide a complete answer than may be discussed in this forum. Nevertheless, consider the following:

First, New Mexico still has jurisdiction over you personally, and probably over parenting time and custody, unless Texas exercised jurisdiction as a result of the action she commenced there. If that was dismissed, before Texas exercised jurisdiction, New Mexico will almost certainly retain jurisdiction at this time, particularly if the children are resident in the state.

Second, you cannot compel her to file anywhere, whether Texas, Minnesota or New Mexico. That being said, this does not mean that by making such a choice she can compel any particular state to exercise jurisdiction. As you may already be aware, jurisdiction is governed by the Uniform Child Custody Jurisdiction Act (UCCJA), which has been adopted in most states, including Texas and New Mexico, as I recall. This law is used to determine which state can exercise jurisdiction over the subject matter of custody and parenting time.

Third, you could commence a proceeding in Texas, perhaps, but could not do so without subjecting yourself to the personal jurisdiction of the Texas courts. You can't have it both ways -- commence a custody proceeding in Texas (assuming there is an argument for the exercise of jurisdiction in Texas under the UCCJA)and yet remain immune from the personal jurisdiction of the Texas courts.

Finally, there are many facts that may be relevant here, but which are not alluded to in your question. Why did she move to Texas, and then back to New Mexico? What was the result of the last proceeding in Texas? What has she filed in New Mexico?

I would recommend you hire a lawyer in New Mexico to represent you on this issue.

Good luck.