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  1. #1
    Joel777 Guest

    Question Temporary Child custody and Standard visitation

    What is the name of your state? TX
    The Mother and Father are currently in a child custody dispute and NOT living in the same state, with the MOTHER having TEMPORARY custody of child. The mother comes to the city/state for a visit/vacation...can the father's atty put a restraining order to keep the child in the state permanently... thus not allowing the Mother to return to her home out of state after her visit in town is complete?

  2. #2
    lcollins Guest
    Which state has jurisdiction over the case the mother's or the father's?

  3. #3
    Joel777 Guest
    the father's jurisdiction, but only because the mother resides out of the state due to now being a military dependent...her husband is in the NAVY.

  4. #4
    pthalo Guest

    I might not know what I am talking about....

    Mom has temorary custody, right?? Well until the court determines a permanent or at least more binding order, then the child is in mom's custody and therefore lives with mom (whereever she decides to live.. Does dad have visitation? If so then they need to work out a schedule. I don't believe that dad can restrict where mom lives or where the child lives, especially if he doesn't have custody. I might be wrong. The child was born in dad's state, is that right? Yes the jurisdiction is in dad's state then, but that doesn't mean that mom has to stay around dad. I have a 4 week old and I am leaving the state to return to school. Mom will probably get sole legal, but I am fighting for a 40/60 split on the physical. Mom can't tell me where to live and neither can the state.

    I would worry too much about this restraining order, but it might be a good idea to consult with a lawyer on what dad can and can't ask for in your state.

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