Can soon to beex husband file for custody in another state?

[shirleymd]

What is the name of your state (only U.S. law)? My state is Texas and my ex's is California...
First of all my ex got into some legal trouble while we were together in California, he had to go to jail and I was left with two children and wasn't sure how I was going to pay all of the bills, when I had to quit my job because he got our car impounded. My family lives in Texas and I had nobody to help me. So, once he did get out of jail he drove the children and myself to the airport so we could go to my sister's place, and he would stay in California. It has been over a year since he has seen the kids, he is now coming to visit them and he says he has custody and divorce papers for me. He also wants the children to spend the time that he is here with him, but I worry that he will take off with them. And he will not get a hotel room closer to where I am at just so I feel more secure, that he won't run with them. My question is: Is there any way that he can file custody papers in California that state that he can take the kids back with him legally?

 

[Humusluvr]

What is the name of your state (only U.S. law)? My state is Texas and my ex's is California...
First of all my ex got into some legal trouble while we were together in California, he had to go to jail and I was left with two children and wasn't sure how I was going to pay all of the bills, when I had to quit my job because he got our car impounded. My family lives in Texas and I had nobody to help me. So, once he did get out of jail he drove the children and myself to the airport so we could go to my sister's place, and he would stay in California. It has been over a year since he has seen the kids, he is now coming to visit them and he says he has custody and divorce papers for me. He also wants the children to spend the time that he is here with him, but I worry that he will take off with them. And he will not get a hotel room closer to where I am at just so I feel more secure, that he won't run with them. My question is: Is there any way that he can file custody papers in California that state that he can take the kids back with him legally?

If you and your children are residents of Texas, then he needs to file in Texas.

You do not have to allow ANYTHING as far as visitation until he files the papers, but just know that he WILL get visitation, and will be allowed, eventually, to have the kids visit him in CA. So, its best to work out a long distance visitation plan ASAP.

 

[LdiJ]

What is the name of your state (only U.S. law)? My state is Texas and my ex's is California...
First of all my ex got into some legal trouble while we were together in California, he had to go to jail and I was left with two children and wasn't sure how I was going to pay all of the bills, when I had to quit my job because he got our car impounded. My family lives in Texas and I had nobody to help me. So, once he did get out of jail he drove the children and myself to the airport so we could go to my sister's place, and he would stay in California. It has been over a year since he has seen the kids, he is now coming to visit them and he says he has custody and divorce papers for me. He also wants the children to spend the time that he is here with him, but I worry that he will take off with them. And he will not get a hotel room closer to where I am at just so I feel more secure, that he won't run with them. My question is: Is there any way that he can file custody papers in California that state that he can take the kids back with him legally?

Well, he could if he lied to the court and got an ex-parte order...or had you served by publication because he lied about where you were.

CA would not have jurisdiction of anything regarding the children, therefore filing for divorce in CA might not be as practical as filing in TX.

I would want to take a good look at the paperwork he is bringing you, as well as looking for signatures etc., before I would let him leave your home with the kids.

 

[Zephyr]

I would contact California and find out if there is any paperwork regarding your divorce or children...might be able to look it up online....you could also ask dad to fax you a copy

 

[SIN EATER]

Go to the Texas Attorney General's office and apply for services:
Texas Attorney General

In Texas, they will do Conservatorship, [probably with Primary to you and with no geographical restriction], and Standard Possession Orders along with a Petition for child support (in Tx, can also be a retro child support judgment 4 yrs [usually to birth of child or date of separation]).

Best of all, it's free.