What court has jurisdiction?

If custody battle brought on by son in law started in one county and he moves 500 miles away, and we just have temporary orders, what should happen to the case. We are 9 hours from him, he is supposed to be moving closer (damn) and was wondering if anyone knew which county would have jurisdiction. Of course all this is happening in Texas, the state that is so big, it could be another country.

[LegalBeagle]

[QUOTE][i]Originally posted by Always searching [/i]
[B]If custody battle brought on by son in law started in one county and he moves 500 miles away, and we just have temporary orders, what should happen to the case. We are 9 hours from him, he is supposed to be moving closer (damn) and was wondering if anyone knew which county would have jurisdiction. Of course all this is happening in Texas, the state that is so big, it could be another country. [/B][/QUOTE]

You mean it isn't ? I thought George Bush was a Mexican..

Anyway.. temp orders for what ?? Did monster file the papers into his local court or the county where the child is ?

Yes, monster did file in the county that they were living in. She went to the women's shelter and then back with us. He filed custody there. This was one and one half years ago. His gorilla lawyer is now an attorney for the state and is tidying up her office and wants to finish the case. I hope he moves. If he does, then will the case just be left up in the air. At present, the gorilla sent interrogitories. We offered a settlement concerning visitation but I think he just wants to fight and spend more money. Thanks for the imput.

[LegalBeagle]

[QUOTE][i]Originally posted by Always searching [/i]
[B]Yes, monster did file in the county that they were living in. She went to the women's shelter and then back with us. He filed custody there. This was one and one half years ago. His gorilla lawyer is now an attorney for the state and is tidying up her office and wants to finish the case. I hope he moves. If he does, then will the case just be left up in the air. At present, the gorilla sent interrogitories. We offered a settlement concerning visitation but I think he just wants to fight and spend more money. Thanks for the imput. [/B][/QUOTE]

As I understand it the case will remain where it is. But, either party can petition to have it moved if both parties no longer live in the county and it just so happens that the county is 500 miles away ! .. So, the moment he leaves, try to get it moved to your county since that is where the child is....

alternatively, you can steal his passport and green care and then put him on a transport ship to Boliva ..

We will do that as soon as we get a new address for him. We are hoping INS gets ahold of him and ships him soon.

My daughter said she wished she knew you before she left him because she could have gotten his passport and green card. I think he knows he is history. She spoke with him this morning and he voiced his concerns about residency. I think he is going to try to hide in a big city. We will of course notify immigration. It is our duty.

Always, not getting into your business here or anything but since your daughter and the child(ren)? have been in your county for the past 1&1/2 yrs you should be able to argue that the court it was originally filed in no longer has jurisdiction. Especially if there was never any permanent order granted. Has your daughter spoken with an attorney regarding this yet?

I know my situation was a little different, as I had already been divorced for about 5 yrs when my ex took me to court trying to gain custody, I paid a couple grand for an attorney to go into the court, argue ten minutes about the residency, with proof the child had never even attended school in the county that originally had jurisdiction and they allowed me to move the case to the county I now reside in. It is worth a shot.. especially if that is where she and the children will be living.

Here is a site for you to look through regarding change of venue:

[url]http://www.capitol.state.tx.us/statutes/fa/fa010300.html#fa001.103.001[/url]


Also, in regards to chapter 155 which is made reference to in the above statutes:

[url]http://www.capitol.state.tx.us/statutes/fa/fa015500toc.html[/url]

[Edited by LadyBlu on 12-07-2000 at 01:11 AM]

Lady, you can butt in my business any day you want. That is fine with me.

The only problem I see at the moment, is that we are about all spent out on lawyers. Spent 10 grand so far and the lawyer that backed out says my daughter owes her 18. (For what I am not sure).

When we first went to court, we spent 2 grand for the lawyer here to travel there and propose a change in venue. I think he knew it wouldn't happen because the children had lived in that county for 5 months. Since the ex brought on the custody thing in that county, they won't relinquish it easily. We stand a good chance if he moves. At present, I am concerned about the interrogitories and we are going to follow your advice on those. She spoke with him yesterday and he is happy with the temporary orders. I think his gorilla lawyer is just tidying up her office before she moves to a higher post in the world. She can't dismiss him because he has a retainer and if she withdraws, he will have to find another one. His lawyer is akin to a cobra that coils around the client to protect them and attacks the enemy.

Just some gossip that I thought would be interesting. This woman I work with at my part time job told me something that I haven't heard happen in a while. Her husband filed an emergency order because his ex was into her 6th move and didn't tell him that she was moving. The judge gave him temporary custody because it showed her instability. Wow, I am amazed. I didn't think she would have lost her children because she didn't tell him. I hate to hear that women loose custody because they want to move with their boyfriends or whatever. Anyway, I am still in shock. The problem I have with it, and I don't know the mother, is the happiness that the stepmother took in knowing she got over on the mother. It is no wonder there is so much strife in the world. I swear, I would give up everything for my kids. I know you would too.

I called the lawyer we paid orginally to see if he would do the interrogiories and he wanted 4 grand. Don't have it. I can't buy his christmas this year. We are just going to have to go with answering the questions with grace. Thanks again for your advice. I appreciate you.

[QUOTE][i]Originally posted by Always searching [/i]
[B]Lady, you can butt in my business any day you want. That is fine with me.

The only problem I see at the moment, is that we are about all spent out on lawyers. Spent 10 grand so far and the lawyer that backed out says my daughter owes her 18. (For what I am not sure).

When we first went to court, we spent 2 grand for the lawyer here to travel there and propose a change in venue. I think he knew it wouldn't happen because the children had lived in that county for 5 months. Since the ex brought on the custody thing in that county, they won't relinquish it easily. We stand a good chance if he moves. At present, I am concerned about the interrogitories and we are going to follow your advice on those. She spoke with him yesterday and he is happy with the temporary orders. I think his gorilla lawyer is just tidying up her office before she moves to a higher post in the world. She can't dismiss him because he has a retainer and if she withdraws, he will have to find another one. His lawyer is akin to a cobra that coils around the client to protect them and attacks the enemy.

Just some gossip that I thought would be interesting. This woman I work with at my part time job told me something that I haven't heard happen in a while. Her husband filed an emergency order because his ex was into her 6th move and didn't tell him that she was moving. The judge gave him temporary custody because it showed her instability. Wow, I am amazed. I didn't think she would have lost her children because she didn't tell him. I hate to hear that women loose custody because they want to move with their boyfriends or whatever. Anyway, I am still in shock. The problem I have with it, and I don't know the mother, is the happiness that the stepmother took in knowing she got over on the mother. It is no wonder there is so much strife in the world. I swear, I would give up everything for my kids. I know you would too.

I called the lawyer we paid orginally to see if he would do the interrogiories and he wanted 4 grand. Don't have it. I can't buy his christmas this year. We are just going to have to go with answering the questions with grace. Thanks again for your advice. I appreciate you. [/B][/QUOTE]


I can certainly understand your feelings regarding the Smom and gloating over getting temp custody. I think that is what chaps me so badly about some of the Smom posts, they always say the bio mom is unfit. Alot of times it is just because the bio mom has different ideas as to how a child should be raised.

I believe we as parents have a right to raise our children in the manner we see fit. In saying this, my family disagrees with my child-rearing tactics, I am supposed to be harder on them, I should do this, I should do that.. the problem I have is that I am the one that has lived with the kids day in and day out for the past 11 yrs. Who knows them better then I? I do admit tospoiling themon occassion and allowing certain things that some would say is wrong. I decided long ago though that with working full time, being a fulltime parent with few breaks that I had to pick and choose my fights. Meaning there are some things I do not agree with, but have chosen to not punish for it because it is hard being the disciplinarian all the time (father role) and then I never get the chance to be the mommy, that accepts the faults and still loves them.

Sorry about rambling here, the thing with Henny has me upset, and all the pain meds and circumstances are beginning to take their toll..*S* which is why I probably spend so much time on here... it is my escape from reality.. dealing with others problems make mine seem irrelevant..

I do hope you are able to get something accomplished through the courts.
Did the courts have no action over the past year and a half? Since the temp orders were agreed upon? I would think that in itself would be grounds to squash his motions and resubmit in your county.

I can also say my ex had tried to get my son by reasoning my instability. The key to my situation was, we moved around about every 6mos, never lived with any men or anyone else though. But we stayed in my current county, so kids always remained in the same school district. I feel a little protected here in this county, as I know almost all the teachers and the people at the courthouse. The DA, the assistant DA..*S* helped that I bartended in the only decent club here too for many years..LOL, so you can say I have seen them at their worst.. in fact I can remember having to cut off the Asst DA, (Jouvenile DA) and was pretty scared she would hold that against me when my son had his problems.. but she didnt...

Hope you are having a good day...
and wish you lots of luck in your daughters case..

What has happened in Henny's case? I thought she was writing in another post but it wasn't her. What is going on?

Always, if you would like to email me at txblu@excite.com I can go more into detail about the henny situation..

[Edited by LadyBlu on 12-07-2000 at 03:20 PM]