Enforcing Custody from another state MD to TX

[mlstrand]

I have a ten year old son currently living in Dallas, TX with his mother. Last Jan, 2005 we agreed that our son would come live with me in MD and she would have visitation rights during the summer and Xmas holidays. I filed a modification of Custody and Child Support in MD March 2005. At the same time she filed a motion in Dallas to have the enforcement of Child Support payments transferred from MD to TX. She also filed a motion to dismiss the hearing because she considered it an inconvient forum. The MD court denied her request. I filed an ex-parte in June, with concerns she wouldn't appear for the Custody hearing August 2005 and/or bring our son back as previously agreed. Her lawyer ensured that she would appear for the hearing scheduled August 2005. Our son was assigned a Guardian Ad Litem as well, and was to communicate with her through e-mails and phone calls. On the day before the hearing in MD, she filed an ex-parte in TX against me; however she failed to mention the hearing in MD. The judge in MD was concerned that no one from TX contacted the courts in MD. The judge issued a stay in the preceding and issued the following: 1) The Mother was to serve me to appear in a TX court 60 days from date of the hearing in MD. 2) Was to allow visitation if I came to TX or allow our Son to visit me. 3) To give me 60 days notice of any change of address. If she met those requirements, MD would give up its jurisdiction. A copy was sent to the judge in TX who issued the ex-parte. The 60 days passed and I hadn't been served. In addition she moved and I only had limited contact with our Son through her cell phone. The GAL also had limited communications with him as well. On January 18, 2006, the MD court determined based on the testimony from me and the GAL that our son's best interest would be here in MD and. A copy of the decree was sent to the judge in TX. In the decree it states that the Mother is to give me a date to pick up our son; however she refuses to answer my calls. I am planning to pick up our son from his school and will have a triple sealed copy of the decree. Who do I need to contact to assist me with enforcing this order, a Peace Officer, Sheriff, or the Police? Thank You

 

[LdiJ]

I have a ten year old son currently living in Dallas, TX with his mother. Last Jan, 2005 we agreed that our son would come live with me in MD and she would have visitation rights during the summer and Xmas holidays. I filed a modification of Custody and Child Support in MD March 2005. At the same time she filed a motion in Dallas to have the enforcement of Child Support payments transferred from MD to TX. She also filed a motion to dismiss the hearing because she considered it an inconvient forum. The MD court denied her request. I filed an ex-parte in June, with concerns she wouldn't appear for the Custody hearing August 2005 and/or bring our son back as previously agreed. Her lawyer ensured that she would appear for the hearing scheduled August 2005. Our son was assigned a Guardian Ad Litem as well, and was to communicate with her through e-mails and phone calls. On the day before the hearing in MD, she filed an ex-parte in TX against me; however she failed to mention the hearing in MD. The judge in MD was concerned that no one from TX contacted the courts in MD. The judge issued a stay in the preceding and issued the following: 1) The Mother was to serve me to appear in a TX court 60 days from date of the hearing in MD. 2) Was to allow visitation if I came to TX or allow our Son to visit me. 3) To give me 60 days notice of any change of address. If she met those requirements, MD would give up its jurisdiction. A copy was sent to the judge in TX who issued the ex-parte. The 60 days passed and I hadn't been served. In addition she moved and I only had limited contact with our Son through her cell phone. The GAL also had limited communications with him as well. On January 18, 2006, the MD court determined based on the testimony from me and the GAL that our son's best interest would be here in MD and. A copy of the decree was sent to the judge in TX. In the decree it states that the Mother is to give me a date to pick up our son; however she refuses to answer my calls. I am planning to pick up our son from his school and will have a triple sealed copy of the decree. Who do I need to contact to assist me with enforcing this order, a Peace Officer, Sheriff, or the Police? Thank You

I think you should be asking your questions to your attorney. Your problem is going to be that if TX has issued any orders, the authorities in TX aren't going to help you enforce your MD orders.

It may be better for you to take your MD orders to the judge in TX and try to get it domesticated there before you attempt to take your child. However your attorney can best advise you on that issue.