Legal Question in Family Law in Texas
Primary residency
My ex husband and I got divorced in Texas then I moved to PA. with our now 4 yr old daughter. he is now threatning to get primary residency there in TX. even though in the current decree it states that I determine residency. First he hasn't paid child support in 2 months, and before that it was sparatic, does that help my case or not? And, second which state law do we go by? Third, can he get custody of her if I'm not unfit and been the on supporting her without his help?
2 Answers from Attorneys
Re: Primary residency
In family matters you really need to have an attorney advise you after looking at all the issues.
Very generally, the location of the primary custodian of the children is determinate of the locus of the jurisdiction. When the child and custodial parent has been relocated for 6 months there is a presumption that jurisdiction is at the new location. That does not stop the non-custodial parent from starting a case but allows the custodial parent to request and usually obtain removal of the case to the relevant jurisdiction.
Meet with an attorney before this matter goes any further.
Regards,
Roger Traversa
email: [email protected]
Re: Primary residency
In addition to seeing an attorney I would file with the local domestic relations office to get the child support going.
Though child support is independent of custody not paying it won't help his case.
Assuming you and your child have lived in Pennsylvania for 6 months then Pennsylvania courts have jurisdiction. Though depending on where he is may play a role in the amount of child support he pays.
Feel free to contact me if you have any questions.
{John}