Jurisdiction?

[Twicemom]

What is the name of your state (only U.S. law)? GA- child in Texas.

My daughter will be 5 years old in spring 2010 and I just found out that her father took her from Georgia to Texas last May 2009 because he said he found a community there that he wanted her to go to school.

We were never married and never went to court. He was taking care of her while I was in school and I get back to Georgia to find they are gone! What can I do? I don't have money for a lawyer. Please help, thank you.

 

[Proserpina]

What is the name of your state (only U.S. law)? GA- child in Texas.

My daughter will be 5 years old in spring 2010 and I just found out that her father took her from Georgia to Texas last May 2009 because he said he found a community there that he wanted her to go to school.

We were never married and never went to court. He was taking care of her while I was in school and I get back to Georgia to find they are gone! What can I do? I don't have money for a lawyer. Please help, thank you.

How long has Dad had her?

Is he legally established as Dad?

Is there a reason you have only now found out? Have you been visiting your child? Not had any contact?

 

[Twicemom]

How long has Dad had her?

Is he legally established as Dad?

Is there a reason you have only now found out? Have you been visiting your child? Not had any contact?

He's had her almost 2 years now and he's on the BC. I haven't talked to him for several months and I didn't visit because I was attending school out of the country.

Thank you for your quick reply.

 

[Proserpina]

He's had her almost 2 years now and he's on the BC. I haven't talked to him for several months and I didn't visit because I was attending school out of the country.

Ugh - this could get tricky.

Though you are really the child's only legal custodian and have the right to file to have kiddo returned to the home state...I'm honestly not sure if that's your wisest course of action; Dad has status quo on his side and I believe stands a great chance at retaining custody should it turn into a court battle. The fact that you haven't talked to Dad for several months (not even about your daughter? No phone calls? Nothing?) is not in your favor.

Texas would appear to have jurisdiction here:

§ 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a)
Except as otherwise provided in Section 152.204, a court of this
state has jurisdiction to make an initial child custody
determination only if:
(1) this state is the home state of the child on the
date of the commencement of the proceeding, or was the home state of
the child within six months before the commencement of the
proceeding and the child is absent from this state but a parent or
person acting as a parent continues to live in this state;

Seriously, you really should speak with an attorney on this one.

 

[Proserpina]

Also have you spoken with Dad at all of late?

Do you actually know where he is?

(this could make a big difference actually)

 

[Twicemom]

I spoke with him for only a few seconds about a month ago (I called while he was sleeping). I asked how they were doing, he said fine and that he was going back to sleep. I tried to call a few minutes ago but no answer. I don't know exactly where they live other than Texas.

 

[PQN]

timeline

He's had her almost 2 years now and he's on the BC. I haven't talked to him for several months and I didn't visit because I was attending school out of the country.

Thank you for your quick reply.

So, your daughter is 5 years old and has lived with dad since she was 3? Did you all live together before that or was she with just you?

When is the last time you saw your child?

When is the last time you spoke on the phone with your child?

 

[Twicemom]

So, your daughter is 5 years old and has lived with dad since she was 3? Did you all live together before that or was she with just you?

When is the last time you saw your child?

When is the last time you spoke on the phone with your child?

We lived together till she was 1 1/2 then he moved out when we had problems, he took care of her during the day but she slept with me at night. I last saw her 21 months ago, spoke with her about 8 months ago.

 

[Twicemom]

Also have you spoken with Dad at all of late?

Do you actually know where he is?

(this could make a big difference actually)

Thanks Pro,

Make a big difference in what way?

After speaking with his friend again (the one who told me they're in Texas), I do know what town they're in now, but don't have an address yet.

 

[Twicemom]

Anyone have advice of what I can do?

Thank you

 

[Proserpina]

Anyone have advice of what I can do?

Thank you

Either hire an attorney, or file pro se to have custody legally established...again though, I think Dad has a more-than-good chance of getting primary custody.

 

[Twicemom]

Either hire an attorney, or file pro se to have custody legally established...again though, I think Dad has a more-than-good chance of getting primary custody.

Thank you, how do I file to have custody?

 

[Twicemom]

Also have you spoken with Dad at all of late?

Do you actually know where he is?

(this could make a big difference actually)

Proserpina, Can you please elaborate on the bolded?

Thank you

 

[Ohiogal]

Thank you, how do I file to have custody?

Texas courts have jurisdiction. You would need to file in the court of proper jurisdiction/venue within Texas. The fact that you have not been monitoring the situation and were out of the country going to school is not going to bode well for you. You left the child with her father. He moved. He is allowed to move quite frankly -- especially since you were out of the country. Should he have told you? Yes. However you would NOT have been able to protest him moving within the country since you didn't really have nor do you have a relationship with your child and dad has been her support and caregiver. You need custody established. Were you paying child support?

ETA Hit enter too quickly. YOu will need to read the local rules and the Texas rules of civil procedure and follow them> You will also need to familiarize yourself with the fact that 20% of your income will go to supporting your child. You most likely will NOT get primary custody. And you most likely WILL be paying child support. If you have no income YOU CAN BE IMPUTED.

 

[Twicemom]

No I have not paid support. I don't have money.

Thank you for your reply