How to Get Custody Jurisdiction Changed Based on the Other Party's Misconduct

My question involves a child custody case from the State of: Texas and Nebraska. I will try to make this as simple as possibble. Me and ex girlfriend lived in Texas together. We had a child here. After the birth she ran off to Nebraska which she also did for a month while pregnant but came back. We lived in Texas for about 9 months together before the childs birth. She left 4 1/2 months ago. She hid and wouldnt cantact me for a month or so. The said she wanted to come back. She kept saying that for about 2 months. I told her I couldnt wait any longer due to 6 months of being there coming up. She once again stoped talking to me and a few weeks later I was served. I got delayed filing because I was attempting to exact adress and so fourth.after being served I had to be in Nebraska in 2 days for a hearing. So my question is according to the UUCJEA I dont believe either place has home state. Both have significant connection. But since she ran to another state shouldnt Nebraska have to give up jurisdiction for unjustifiable conduct. It spacificlly states in 208 notes that unjustifiable conduct is things such as hide a child of preventing visiting. If that is right the it also states the can only keep jurisdiction if no other states have jurisdiction but texas would still have jurisdiction for significant connection with me her siblings and the rest of my family. Im not sure if im missing something. I know since she filed first she would win the but It seems to me like Nebraska would have to give it up. Any opinions would be greatly appreciated.

P.s. I know I need a lawyer and will have one as soon as im back in texas but I couldnt before the hearing because I couldnt meet them 1st and no one would take me.

Your writing is very confusing.

Where was the child born? How long ago? Where are they now?

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Quoting FatherWhoWon

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Your writing is very confusing.

Where was the child born? How long ago? Where are they now?

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I apoligize about that. I was extremely tired at the time. The child was born in texas. She is less then 6 months old. And now the are in Nebraska

Is paternity established?

Yes in texas

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She also applied for state aid in texas after the birth so she had planned to stay there Iif that matters

Sorry, as of this second it doesn't really help you.

Per Texas statute, Mom hasn't actually done anything wrong at this point. Had there been a court order pending, or one in place, you would have had far more on your side.

As it is, Texas law provides:

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Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY.

(a) A person commits an offense if the person takes or retains a child younger than 18 years of age:

(1) when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.

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Since none of these apply, and Mom has filed in NE, you're going to need an attorney to help you.

Perhaps more importantly though, you said Mom had filed in NE - where does that stand as of right now? You've been served - has there been a preliminary hearing yet? Have you responded?

I showed up and temp orders were given to here...... I guess that makes things alot worse

Then you've agreed to NE having jurisdiction.

It's an easy mistake to make, unfortunately. You're not alone.

What happens is that instead of submitting a motion to dismiss for lack of jurisdiction (which is the only thing a parent should ever file in response to an interstate matter) you turned up and basically agreed that NE is the proper venue.

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Quoting Dogmatique

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Then you've agreed to NE having jurisdiction.

It's an easy mistake to make, unfortunately. You're not alone.

What happens is that instead of submitting a motion to dismiss for lack of jurisdiction (which is the only thing a parent should ever file in response to an interstate matter) you turned up and basically agreed that NE is the proper venue.

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Does it matter that I didnt have a chance to confer with an attorney. .... I attepted to but ones in nebradka refused me because they wouldnt be able to meet me before hand and I told the judge this and he put me on record since he didnt recieve a response and I argued it wasnt nebraska jurisdiction. Can it be brought up later by and attorney when I aquire one in the next week or so

Found it. This is what you need to read:

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Other objections may be that a family law case on the issues involved has been filed in another state or that the filing party has not satisfied the residency or other requirements of the state for filing litigation. However, lack of jurisdiction does not prevent the filing of a case, but only allows a party to have the case dismissed if warranted. The right to object to jurisdiction is generally lost if the party participates in the litigation prior to objecting. By entering into a temporary order to appease the opposing party, or in order to gain custody, visitation, property, or support from the other party, will give the state jurisdiction over both parties.

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Going on record doesn't really affect things either way; you had to have actually objected properly.

Get thee to an attorney asap.