How to File for an Emergency Hearing to Return My Son to My State
My question involves a child custody case from the State of: Texas
My ex wife had agreed to let our son live with me here in Texas. There is an existing custody order in California which was going to be changed. In order for Texas to accept my son needed to lvie in the state for 6 months which he has been. Now after living here for 6 months during a spring break visit my ex decides to not send him back. She doesnt call, there is no explanation, she just keeps him. He is in the last 6 weeks of school for this year and has now been out for 4 days. How do I go about getting him back here, in school and court order changed to reflect new living arrangements?
Re: How to File Emeregency Hearing to Return My Son
You can speak to a Texas lawyer about whether there is any remaining possibility of establishing Texas as the child's home state and getting jurisdiction transferred from California under the UCCJEA, but the only way you're going to get an order within a short amount of time is through the California court system -- and mom presently has the benefit of (a) having the child in her care, (b) having a court order from a California court that makes her the primary custodian, and (c) not having to travel to another state for court proceedings. Time to lawyer up.