Legal Question in Family Law in Texas
ex ran from hurricane to Tx what happens with court ordered visitation
My ex and I have joint custody of our son through a ruling in New Orleans, LA. I was away on buisness in Hartford, CT when the hurricane hit and my ex left for either Houston or Dallas, TX (she won't tell me where she is going). What happens to scheduled visitations since she has fled and I can't get in touch with her and find out where he is? If I needed to go to court where and how could I file? Ive been told to file in Federal court because this is crossing state lines. Would it be wise to request temp custody until she start back working and get on her feet? If she won't contact me so I can talk to my son or continues to avoid my calls would that be considered custodial kidnapping or tampering? Is what she doing a crime? Can I go get my son becausei feel he is in a bad situation with out getting into trouble?
1 Answer from Attorneys
Re: ex ran from hurricane to Tx what happens with court ordered visitation
This is an unusual situation since New Orleans is not in a position to hear the matter. Technically, CT would not have jurisdiction because you are not a resident. This does not mean that CT could not take emergency jurisdiction considering the circumstances. However, I think the best two choices you have is a court in Louisiana which has not been adversely affected by the hurricane or possibly Texas, since the child is there in an emergency situation. I don't believe a federal court would here this matter. You may also want to contact the Missing Children's Center directed by John Walsh. They are locating children every day. Then you may want to start by going to wherever they find your child and confronting the mother. Your court order from Lousiana is enforceable in every state.