am i being hosed?

[armyvetdad]

i have been seperated from my wife for nearly 2 1/2 years now. i have resided in texas since november of 2004. my wife has been a texas resident since december of 2004. in june of last year she went to indiana to regain custody of her other two kids from their father. she left everything here, furniture, car, job, apartment. now she has decided that she is staying in indiana. i filed for divorce in march of this year and have requested full custody of my daughter. there are jurisdictional issues here of course.

my first question pertains to jurisdiction. she has had a job in indiana since july of last year but has been living with her parents until april of this year. she has a valid indiana drivers license now. i have written proof from her stating that her intention was to move back to texas. plus she still has yet to pick up any of her belongings or her car. i realize that legally she is close to if not completely within the range of being considered an indiana resident. what are the odds that if i argue for jurisdiction to be in texas that i will win? given the evidence i have to support her time in indiana has been nothing more than a prolonged visitation held over due to a lengthy court procedure to regain custody of her other two children.

also my wife has completely cut me off from my daughter. she has not allowed me to call her or see her. what are my rights in that regard. i stopped calling at the advice of my lawyer but she has refused to answer the phone or call back everytime that i did call. also i made a trip to indiana. i sent a text message (since that seems to be the only way to get my wife to take notice) simply saying, "im in indiana it would be nice if you let me see my daughter." her response was to call her lawyer saying that i threatened to steal my daughter and that she wanted to file a restraining order. can she do that without proof? i mean the text message i sent obviously said nothing of the sort and i have my phone records proving that i made no other contact with her.

lastly, i filed for divorce in feb/march. it is now almost june and the process is no closer to being resolved than it was when i filed. am i being misrepresented? i have a lawyer in texas and in indiana. the only thing that has been done aside from the filing for divorce has been a request for a continuance by the indiana lawyer when my wife filed for divorce herself in indiana after i filed here in texas. i have spent well into the 5 figure mark moneywise and have nothing to show for it. why is this taking so long?

i havent seen or talked to my daughter since halloween and im going crazy not having her in my life. your advice in this matter would be greatly appreciated.

 

[LdiJ]

If your wife and child have been in Indiana since June 2006, they are legal Indiana residents....and Indiana would have jurisdiction over child custody matters.

 

[Ohiogal]

If your wife and child have been in Indiana since June 2006, they are legal Indiana residents....and Indiana would have jurisdiction over child custody matters.

It may not be that simple since she has a residence in Texas as well.

 

[LdiJ]

It may not be that simple since she has a residence in Texas as well.

I think its going to be that simple...at least as far as Indiana will be concerned. I believe that Indiana will assert jurisdiction.

 

[Ohiogal]

I think its going to be that simple...at least as far as Indiana will be concerned. I believe that Indiana will assert jurisdiction.

Has he ever lived in Indiana? If not, he would have to consent to Indiana having jurisidiction over him. Texas does have jurisdiction over her though as she has a residence there and she has lived in Texas. And since he filed for divorce in Texas first TEXAS has jurisdiction.

 

[LdiJ]

Has he ever lived in Indiana? If not, he would have to consent to Indiana having jurisidiction over him. Texas does have jurisdiction over her though as she has a residence there and she has lived in Texas. And since he filed for divorce in Texas first TEXAS has jurisdiction.

For the divorce, yes, but not for child custody matters. You are making the claim that she has a residence in TX, but I have seen that kind of argument shot down hard by Indiana judges. She may have some things stored in his home, but she and the child(ren) clearly live in Indiana.

 

[Golfball]

For the divorce, yes, but not for child custody matters. You are making the claim that she has a residence in TX, but I have seen that kind of argument shot down hard by Indiana judges. She may have some things stored in his home, but she and the child(ren) clearly live in Indiana.

However, since the marital domicile was in TX (even though she doesn't live there anymore), the TX courts may still have jurisdiction via TX's long-arm statute, if any.

Although UCCJEA also figures into the picture, if the child had lived in IN for over six months (prior to the inital filing in TX), then IN has priority (I think) over the custody determination.

 

[LdiJ]

However, since the marital domicile was in TX (even though she doesn't live there anymore), the TX courts may still have jurisdiction via TX's long-arm statute, if any.

Although UCCJEA also figures into the picture, if the child had lived in IN for over six months (prior to the inital filing in TX), then IN has priority (I think) over the custody determination.

That is what I was saying.