Legal Question in Family Law in California

my husband filed for divorse in texas and it says i cant disrupt my childs residency and take him out of the state of texas, however, my so and i have lived in california for the past 7 months... how does this work if my husband takes my son for a visit in tx and doesnt bring him back as specified in a notorized statement where he acknoledges that my son lived with me in ca for past 7 months


Asked on 10/06/09, 10:24 am

2 Answers from Attorneys

Interstate child custody is a complex matter. You need an attorney for this, not self-help and websites. I believe may need to file in CA and get the TX case dismissed based on residency of the child, or you may need to proceed in TX but get an immediate order that the child reside with you and not be removed from CA. Until you have an attorney and some orders in place, I recommend against letting your husband take your son out of California.

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Answered on 10/06/09, 10:49 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

The jurisdiction is now in California. You may file here for an order for your child's returen. Contact me directly.

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Answered on 10/06/09, 11:52 am


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