Q: Do I have to file from Texas?
I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.
A:
Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has resided for six months.
Either the state where you live or the state where your husband has established legal domicile for the requisite period of time (which in Texas is six months) has jurisdiction to dissolve your marriage and to divide your marital property.
So if both you and your child have lived in Texas for six months, you should probably file a divorce and suit affecting the parent-child relationship here in Texas.
Penny Wymyczak-White agrees with this answer
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