Q: Would it be better to file here or there?
I am living with the father of my 2 younger kids (3y and 5m) and he just broke off our engagement. I am moving back to Texas with all 3 of my kids.
I want to make sure that I have primary custody. I don't mind if my kids have visitation with him in CA but I want it to be under my control so that he doesn't try to keep them in CA.
My question is, should I file for custody here in CA before I move or in TX once I move?
A: Jurisdiction (the court's authority) regarding custody is based on where the kids have been physically present for the 6 months immediately preceding filing a custody action. If the children have been living here for at least 6 months and then you file in Texas, then most likely CA will still have jurisdiction to make custody orders. However, if you move to Texas and you are there for more than 6 months with the kids and then file a custody action, then Texas would have jurisdiction. However, there is a possibility that Texas would give up its authority to CA if it believed CA was a better place to decide who has custody. If you leave CA with the kids you should make sure that you have father's consent to the move in writing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
