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Emergency Child Custody Issue

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Alisha832

Junior Member
What is the name of your state (only U.S. law)? Texas

I have a 5-month old with my ex whom I currently live with. There is not currently a custody order. My ex is unpredictable and violent at times. I have had to call the police three times including today because I felt unsafe. The environment is toxic for a child. I am struggling financially and on the verge of eviction.Lease though is up at the end of February. I have no family here and my ex does not help with rent anymore. My question is somewhat complicated. I want to leave the state and go to California where my family is so that I can have support and put my child into a more stable environment. Im trying to figure out where I should file for custody and when if I plan on leaving anywhere from the 15th through the end of the month.Today, I called the police because my ex came into the home, set me up by recording me after intentionally angering me, took the baby and holed himself up in his car. He then took my babay even though Im breastfeeding and turns out that hes been trying to set me up to attempt to get custody.
He just did the same thing on saturday and i catually got hurt because he was pushing past me to grab my baby.
I am breastfeeding but the police said there was nothing they could do without an order of protection and to go get a common law divorce then file for full. Should I do this, or wait until I go to California?I think I should file for full here in Texas so that he cannot try to prevent me from leaving with my child when he comes back with him.
 


Texas is the proper venue since that is where the child resides. Even if you move to California, the child will have to reside there for 6 months before you could do anything. Keep in mind that once TX issues orders, TX will retain jurisdiction for as long as your ex resides there. You will have to return to TX for all issues regarding visitation, custody and support. You will most likely also be required to foot the bill for transporting your child to and from TX for visits with dad since you are the one who created the distance.
 

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