Legal Question in Family Law in Texas

Son in trouble need help - TX- Law

We obtained custody stepson 4 yr. ago, when we found out mother was addicted to crack. She�s been in/out of rehab/jail for the last 6-8 yr., supposedly clean since Nov '00. We never asked for child support because of her situation. She has only seen him 7 days in 3 years, then goes back to the crack. We are trying to keep the lines of communication open for all family, including mother. Here are my questions:

Original custody papers filled in Ohio, and then we had to contact Ohio lawyer to have custody changed up there. We paid child support for 9+yr. She has paid nothing in 4 yr.

1. Since we live in Texas, and have full custody (she didn�t show for court, we won by default), can we have case moved to Texas?

2. He�s going to OH for 6wks to see family & spend time with her (family says supervised). He leave�s 18th but no one has told us a return date. He is currently in counseling. Med. he takes is reg. by psychiatrist & psychologist in TX. He is currently on probation for trouble in TX; courts have allowed him to finish last month when he returns from OH in August. What happens if he does not return?


Asked on 6/14/01, 2:57 pm

2 Answers from Attorneys
David Sergi Sergi and Associates PLLC

Re: Son in trouble need help - TX- Law

I would domestictate the Ohio judgement here, file a motion in Ohio to cede jurisdiction to Texas and keep the case here so you can do whats best for the child. If you live in the Austin? San Antonio area I would be pleased to help.

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Answered on 6/28/01, 2:27 pm
Fran Brochstein Attorney & Mediator

Re: Son in trouble need help - TX- Law

To add to David Sergi's comments, I assume that he has permission to leave the area by the probation department. If he does not, he needs to get it before he goes. If he does not return he will have violated the terms of his probation. Then the probation can be revoked and an arrest warrant will be issued for him. If he ever gets stopped by a copy anywhere in the US, he will be arrested.

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Answered on 6/28/01, 8:10 pm


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