Legal Question in Family Law in Texas
question bout custody
My ex boyfriend and I agreed on our daughter staying in missouri with her dad for the 4th grade school year and that she would come back to live with me at the end of the school year in 2008 back to texas. Now my ex boyfriend is apposing of our daughter coming back to live with me at the end of the school year. I need to know what to do in order for her to come back to live with me at the end of the school year?
3 Answers from Attorneys
Re: question bout custody
An agreement in Texas is insufficient to establish custody -- you need a court order. I suspect that Missouri is the same. It also appears that she may have established residence in Missouri, and you would have to fight the custody matter in a Missouri court.
If you already have a Texas court order, then you need to go back to court to enforce it.
Re: question bout custody
Get an attorney. You didn't say if there is an existing order, but if the child has been in Missouri the entire school year she has been there long enough for Missouri to claim jurisdiction. Your ex can fight for custody in Missouri.
Re: question bout custody
Better hurry, hurry, hurry to court and get an order. Otherwise, your friendly little agreement with your boyfriend is going to used against you to lose custody of the child. Good Luck.