Residency And Custody - What To Do And Where To Do It?

[Robertstapp85]

My question involves a child custody case from the State of: TX or TN

There is the father, Ex fiance, and 26 month old daughter involved (Never Married)

Ok so I am really close to filing papers for full custody for my daughter and need to know where to do so. We have lived in TN for past 3 years and TX for almost 2 months. I have read that my daughter has not lived in TX long enough to establish residency. Is that true?

Also I do not have any legal decree that states that I have any custody, just paperwork that states I am the father. I took her to court last year for dependent neglect bc of her drinking hoping it would wake her up.

Do I need to file for custody in the State of TN and would I get in trouble if I just took my daughter with me to TN and didn't tell anyone till afterwards.

The mother is a very bad alcoholic and can't support herself and right now I get my daughter on the weekends but it seems that the mother is usually out and stays gone 3 nights during the week and partys all weekend long while her parents care for the child. Could I take her on the basis of neglect and not caring for the child? Or do I need to file first then get her to TN?

PS. When I mean her drinking I mean on avg she might be sober for 3-5 days a month and has not held or kept a job for the last 3 years. I think her income total last 3 years is less than 5,000.

[Icarus_Falls]

Hi, I live in Ohio, Called a lawyer yesterday to ask him questions about my issues and his secretary told me that it's 90 days, you have to live somewhere 90 days to have residency, now of course this is my state and not yours but I hope it helps a little bit, there's plenty of people here who are more able to help than I though.

[Mr. Knowitall]

Ok so I am really close to filing papers for full custody for my daughter and need to know where to do so. We have lived in TN for past 3 years and TX for almost 2 months. I have read that my daughter has not lived in TX long enough to establish residency. Is that true?

You've probably been reading about the UCCJEA, which makes a state a child's "home state" after six months of domicile. If the parents agree to litigate custody in a different jurisdiction, or the forum is inconvenient under the statute, the court from the home state may decline jurisdiction.

Also I do not have any legal decree that states that I have any custody, just paperwork that states I am the father. I took her to court last year for dependent neglect bc of her drinking hoping it would wake her up.

What do you have? You've been determined to be the child's legal father? You're on the birth certificate?

ADo I need to file for custody in the State of TN and would I get in trouble if I just took my daughter with me to TN and didn't tell anyone till afterwards.

You can't file a custody case and not tell anybody. The mother is entitled to notice. Why would you want to sneak away with the child and not tell the mother?

Hi, I live in Ohio, Called a lawyer yesterday to ask him questions about my issues and his secretary told me that it's 90 days, you have to live somewhere 90 days to have residency, now of course this is my state and not yours but I hope it helps a little bit, there's plenty of people here who are more able to help than I though.

Residency requirements for establishing jurisdiction for family law cases are different in each state, and may be different from the UCCJEA. As no divorce is involved it appears that Texas courts can take jurisdiction if Texas is the state of the child's residence or if Texas was the child's principal residence any time during the last six months and a parent or parent substitute lives in Texas, and it's in the best interest for Texas to assume jurisdiction. Texas Family Code §11.53.

[Robertstapp85]

I would not agree to do it in Texas because I have all my family in TN. I moved down to TX because she wanted to be closer to her parents and she said it would be a chance for a fresh start. Obviously that did not happen so I am ready to go back home with my daughter.

When I filed for the Dependent Neglect the mother told the court I was the father and my name is on the Birth Certificate and the court acknowledged I was the father.

I mean I would tell her I am filing for custody but I wouldnt tell her I was headed to TN till I got there. Right now my daughter lives with the mother and her parents. The grand-parents watch her 90% of the time as the mother is not there nor working. The reason I would just take her to TN without telling her is because if I mentioned that I was going to take her back and file for custody I know they would not allow me to see or visit with my daughter.

We have been in TX for 2 months and she has worked all of 2 days and lost that job because she did not show up because she was out drinking. At this very moment she left monday night and as of Wed morning she is still out drinking and partying.

[distressedmom]

I am in a similar situation and you really need to talk to a family law attorney in the state where you currently live. There are 2 types of jurisdiction- personal (which involves custody and visitation) and personal (where they can order child support). Each state has their own rules based on varying factors. For example where the parents currently live, or where the child was born.

There are no hard and fast rules here because there are too many variables.