My daughter was born in L.A. She is 3 months old going on 4 .. We moved to Texas where her father is from and is, he's a full time student, ...

Question

My daughter was born in L.A. She is 3 months old going on 4 .. We moved to Texas where her father is from and is, he's a full time student, doesn't have a job, can't provide for his daughter and I, and I want to move back home to L.A since I have no family here, but he says he's not going to let me leave without the baby. What can I do?

Answer

You need to consult with a TX Family law attorney. It is irrelevant where the child was born because you moved to Texas.

Right now there appear to be no orders in place. If so, then you can do whatever you want to do.

However, he can file for a court to have him declared the legal father of the child, pay child support (minimum wage child support is over $200/month) and get some visitation with the child.

If you learn there is a legal case filed you need to act immediately or a court will award him custody of the baby and you will be ordered to pay child support.

Again, talk to an attorney and discuss the details of your case.

Answer

Hypothetically, based only on what you wrote:

You will more-than-likely need a qualified custody attorney to draft and file a SAPCR in Texas, IF you want to leave the state with the child and have your and the child's right's protected as to custody, but once you do this, Texas will take jurisdiction and venue will be in Texas, and the Texas court will then, unless the father is found to be un-fit - enter orders to protect the child and child's right to have a relationship with its father and the court may even order that the child is NOT to leave the state of Texas.

Also, if jurisdiction and venue have transferred and you leave the state of Texas, with no case being filed, he can file a custody suit against you and then get a Writ from the court to bring the child back, and the Sheriff will take the child from you and they will bring it back to Texas, and if this happens, it will affect the possibility of you being named the child's primary parent.

However, based on what you provided, there are questions right now as to jurisdiction and venue.

If you have lived in Texas for more than 6 months, jurisdiction and venue is in probably in Texas, and the suit will need to be filed in Texas. If not, it jurisdiction and venue may not have transferred yet and there may be a legal loop-hole to have you return.

You, or your parents, need to hire a very good family law attorney who can research the law and then, file suit or pleadings to defend you - whether you can leave, or if you cannot leave, Texas.

Goldstein & Scopellite, PC has qualified litigation attorneys, family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.