How to file for custody in Harris County Texas from California

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kpatton2

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My husband wants to file to establish custody of his 11 year old son. His son was born in Riverside County California and resided in the state and county prior to his mother moving to Texas after she got married in 2008 in California. When she first moved, my husband was unaware of his right to keep his son in California. Since her move, she has continuously threatened to keep his son away from him without reasoning other than because she just wants to. They had a verbal agreement that we would have him in the summers in California until the summer of 2013 she refused to send him 2 months after we purchased his plane ticket. We were finally able to convince her for the summer 2014 to send him so he currently in our care in California. After he arrived she again advised that she will not allow us to see him without a court order. How can file the documents without an attorney and if we have to file in Harris or Riverside County. There have been no prior court proceedings in either state
 
Your husband will need an attorney in Texas since that is Junior's state of residence.
 
There is no other way for us to file other than with an attorney?


You can file, well HE can and do it pro se. I'd advise against doing that, if he seriously desires shared custody (Texas calls it conservatorship) or visitation arrangement.

He should also be prepared for court ordered child support!

The state will assist him in arranging court ordered support.
Be advised, Texas uses a strict formula to determine what he will pay, with only a couple small

Here is some reading material about those process in Harris County:

This hotline will connect you with attorneys for limited, pro bono guidance:

https://www.texasattorneygeneral.gov/cs/access/


https://www.texasattorneygeneral.gov/cs/parents/


http://www.divorcereality.com/child-support/

http://cordellcordell.com/resources/texas/texas-child-custody-questions/

http://www.lawcl.com/Family-Law/Child-Custody-Child-Support-and-Visitation.shtml

http://www.hcdistrictclerk.com/Common/Family/Courts.aspx


http://www.dro.hctx.net/
 
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My husband wants to file to establish custody of his 11 year old son. His son was born in Riverside County California and resided in the state and county prior to his mother moving to Texas after she got married in 2008 in California. When she first moved, my husband was unaware of his right to keep his son in California. Since her move, she has continuously threatened to keep his son away from him without reasoning other than because she just wants to. They had a verbal agreement that we would have him in the summers in California until the summer of 2013 she refused to send him 2 months after we purchased his plane ticket. We were finally able to convince her for the summer 2014 to send him so he currently in our care in California. After he arrived she again advised that she will not allow us to see him without a court order. How can file the documents without an attorney and if we have to file in Harris or Riverside County. There have been no prior court proceedings in either state


There are a few things I'd like to mention:

1. California is very pro-moveaway; chances are Mom would have been allowed to move with the child anyway...even if Dad objected.

2. Without a court order, Dad's lucky he gets any visitation at all - he's not legally entitled to without that court order

3. This is a bit delicate, so I'll straight to the point. If you both think that he can file for custody through the back door while the child is still in his "possession" in California, he is gravely mistaken and needs to lose that idea and lose it fast.

Custody is well established - without a court order, Mom is the sole custodial parent. She has several years' worth of status quo on her side, and Dad needs to understand the reality.

ALL of this set aside - exactly why is it in the child's best interest to be uprooted from everything he knows?
 
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