I have a court order for visitation in Texas. I am a resident of Texas, own property in Texas and am currently doing a 2 year tour in japan( with the child) with return rights to a job in Texas. My Ex moved to Georgia 2 months before I moved to my first overseas tour in Turkey June 2015 (with the child). In March of 2016 there was an ordered departure and my child was sent to my sister in Kentucky. On May 2016 my daughter went to her fathers for summer vacation per the court agreement and I was transferred to Japan. I was to pick her up in route to my new duty location. I went to GA to pick up my child and my ex refused to return her to me. I filled a police report but the police stated that they did not recognize my agreement. The next Monday he filed for custody in Ga. Now I am required to fly her and myself back and forth from japan to the United States for visitation and my child support is being lowered. I have already spent my savings to get her back. I can’t afford to by 3 round trip tickets twice a year and hotel cost. He is also over 13000 dollars in arrears. I am not in the military and lived in Texas from 2010-2015 and will return to Texas in 2018. Can I get full custody
Please do some in-person consultations with some Bell County family law attorneys. From your facts, is the present court order Texas or Georgia? If Texas and you are a Texas resident Texas keeps jurisdiction unless and until a party gets Texas to allow another state to assume jurisdiction. A lawyer needs to look at the Georgia papers and the Texas orders and determine where you need family law counsel, possibly in two states. Time is of the essence to challenging jurisdiction in Georgia and keeping it in Texas if applicable. Your facts are complex. Personal discussion is better than this forum to understand fully your child's home state and what and where to file any legal actions, defensive or offensive. You may have already needed counsel in Georgia to challenge jurisdiction and to file an enforcement there. Please start talking to counsel in Texas and/or Georgia and counsel will need to review the papers.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
While in the military, jurisdiction is not lost because of the tour to Japan. The original orders of the Texas Court or the place of the divorce controls. As the custodian parent, you have the right to enforce visitation through a Motion for Enforcement. According to the Military Statute, no jurisdiction can change the status of a case while you are on military duty & out of the USA. Upon your discharge or before retain an attorney to enforce your rights to the child.
Your question is whether you can get "full custody"; I assume you mean get back to being the primary managing conservator. The answer is yes, but it is going to take some fighting. The law is on your side based on the reasons given by the attorneys above; you have substantial practical difficulties based on your current location.
Try and arrange a consultation with a local lawyer. The sooner you start the fight, the sooner you are going to win it. The level of difficulty here, however, is well beyond representing yourself.
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