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.
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.
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.
