Killeen, TX asked in Child Custody and Family Law for California

Q: I live in texas but i have a custody agreement in hemet ca. What state do i file a new custody order in. texas or ca?

The father of my kids alienates them from me, does not let me speak to them, or have them for school vacation times or holidays. Hes emotionally and mentally abusing my children. To the point my oldest is close to having a mental breakdown. How do i go about getting my kids in my custody? And getting them to texas to live with me? I also pay child support.

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1 Lawyer Answer
John Michael Frick
John Michael Frick

A: Under the Uniform Child Custody Jurisdiction Act, you should file in a court with jurisdiction over family law matters in the “home state” of the child. In most situations, the “home state” is the state where the child has primarily resided during the past six months.

If the child has moved around a lot or if the child is a member of a Native American child, there are special considerations you should discuss with an attorney who practices family law.

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