Q: I live in Texas, the mother of my child lives in Colorado with my son, we have never been married, can I file in Texas?
I have been providing financial assistance to my child but we don't have any legal agreements done up. I would like to set up financial assistance and visitation for my child.
A:
In 49 states (Massachussettes being the exception), the Uniform Child Custody Jurisdiction and Enforcement Act governs where an initial child custody case can be filed. According to the UCCJEA, a child custody case can be filed in a state if: (1)It is the child’s “home state” (state where the child lived with a parent for at least six consecutive months immediately before the commencement of the custody proceeding); (2) The child has a “significant connection” to that state and there is “substantial evidence” relevant to child custody in that state; (3) It is an emergency situation, such as where the child is present in the state and has been abandoned or faces abuse or neglect; or (4) No other state would have jurisdiction to decide custody.
So, if the child and the mom have been living in Colorado for more than 6 months then Colorado would be the “home state” and thus the state where one more than likely must file the child custody action, assuming no other court has entered custody orders yet. I would recommend consulting with an attorney in Colorado that is local to where your child and his mom reside to discuss the steps needed to file a custody and support case.
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