Legal Question in Family Law in Washington

Re: custody

There isn't a question here, but you should to talk to a Washington state family law attorney. A lot may depend on whether the child(ren)have been in Texas at least six months.

Re: custody

It appears that you've already been served with a summons and petition, in which case, even if jurisdiction is not proper in Washington State Courts, (jurisdiction is the court's power to hear certain matters. If there is no jurisdiction, the court cannot hear the petition)you at least want an attorney to look over what's been served upon you and advise you in that regard. If the attorney thinks the court does not have jurisdiction, then that attorney may make what is known as a "special appearance" for purposes of contesting jurisdiction only.

If the Washington Court agrees that it does not have jurisdiction (depending on the facts of your case) then it will dismiss the petition and let your significant other know that it does not have jurisdiction, and perhaps, a Texas Court would have jurisdiction.

Another thing to know. If you've been served in Texas, you have 60 days to respond to the Washington State Court action. I suggest you don't wait until those 60 days are close to being done before you do something. Best of luck.

Re: custody

As Ms Bushman stated if the children have been in TX for six months or longer the TX courts may well have jurisdiction, but if not then WA courts have a sound basis for asserting jurisdiction. I find it improbable that you were sent a subpoena (as they are generaly used for non-party witnesses). I would guess that you were in fact sent a summons and petition for a paternity action or to establish a parenting plan-residential schedule? Were you served or were you just told about it? If you were served out of WA you have 60 days to answer, but I would encourage you to not wait until the last minute to appear or answer. If this is important to you, you should find a WA family law attorney to handle this.