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Do I need a Texas attorney? Will I win the case and or jurisdiction?
Anonymous7 views2 answers
Was petition to come to Texas for custody hearing where my kids lived with there father for a year in a half before I lied to have them come back to Louisiana because one of my 2 kids said they got whipped a lot and I have pics of old bruised but not sure if it's from whippings, but the oldest child want to go back and live with his father, the father pays child support to me in Louisiana. No custody agreement was ever drawn up through court only paternity was established for child support. What are my chances of winning the case or having jurisdiction back in Louisiana because that's where I live and the kids are back with me and have been back for the last 3-4 months?
Lauren G. ColemanFamily Law AttorneyAlexandria, LA ·
There is no way to estimate you chances of obtaining custody without reviewing the full situation. You need to discuss the situation with an experienced family law attorney. To obtain jurisdiction in Louisiana, the children need to have been here 6 months. If you have no custody judgment, you have the right to keep the children until there is a custody judgment.
Jurisdiction for initial custody determination is where the children lived with a parent for 6 months immediately prior to a custody suit. If the children haven't been in this state for 6 consecutive months prior, as is your case, any state with a "significant connection" may exercise jurisdiction. So, under your facts and these laws, Texas or Louisiana may exercise authority over the case. This is without getting into the fact that you lied in order to have the children back in Louisiana, so any basis of jurisdiction gained from this lie would likely negate the jurisdiction.
You will need a Texas licensed attorney to either fight Texas' jurisdiction or litigate the custody matter in Texas, because the facts you presented in your question are not favorable to you.
