Temporary Custody of my kids while mother is incarcerated. Active Military member with Child Support payments

Generally, your rights as a father who has summer custody are probably second only to the children’s mother, who I presume had primary custody before her incarceration.

Although you may live in California, the state of Texas probably has subject-matter jurisdiction, if that is where the last child custody orders were issued. Given that, you may have to file a petition in Texas because it would generally retain continuing exclusive subject-matter jurisdiction.

I would highly recommend that you consult a Texas-licensed family law attorney IMMEDIATELY, if those are your facts.

To protect and preserve your rights, you need to file a petition with the court to address this significant change of circumstances. In a perfect world, you should have petitioned the court soon after her incarceration, if you had knowledge. Most schools start within one month or shortly thereafter, so you need to have a judge make findings on this issue ASAP. The changes in your children’s mother’s life (jail) appear more than enough for you to petition the court to substantially modify the current child custody orders, albeit temporarily.

I am curious if other attorneys in California might consider these facts appropriate for a petition for emergency jurisdiction in California, lasting perhaps until the children’s mother could attend a hearing in her presumed residential state of Texas. Might that be possible and sufficient? Any second opinions?

With regard to child support, don’t put the cart before the horse. First, you modify physical child custody, and then you immediately address child support based thereon.

Having said all that, never discount the idea of patching things up with her relatives in order to permit the children to stay temporarily with them if that is within their current school district in Texas -- at least pending further legal review. Your decision should be based upon all of the particular facts that affect the children's best interests. Your case is complex and demands careful and thorough analysis. Good luck!