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I seperated from my wife 7 month's ago with my daughter I live in another state now

Arlington, TX |

Hi, I used to live in Georgia I moved back to texas with my daughter about 7 month's ago. My wife stayed in Georgia because of her new boyfriend. Im in Texas now with a new job past 7 month's my 12 year old daughter is in school im working for just her and I now. When my wife calls sometimes. .. maybe because she's unhappy with her decision to stay behind she wants to tell me she's coming out here to take my daughter back to Georgia can she do this or do I have rights as a father?

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Attorney answers 4

Best Answer

Your wife has no greater rights than you. Your daughter has been in Texas for at least six months so Texas is now her "home state". Texas will have jurisdiction in a custody matter. However, I don;t know anything about your wife's past contacts with Texas, so it's impossible to discuss jurisdiction regarding divorce. I suggest that you contact a family lawyer as soon as possible.


You will want to consult with a local family law attorney to discuss your legal options in re: separation/divorce and custody.


You need to file a petition for divorce immediately. Texas courts have in rem jurisdiction over the divorce. Texas courts also have jurisdiction to determine the custody status of the child here in Texas. You need to get an order saying that this child stays in Texas. She may choose to object to lack of personal jurisdiction over her, if she has not lived in Texas or subjected herself to the jurisdiction of courts in Texas, but that doesn't change the fact that you need to file for divorce and custody immediately.

If you find this answer helpful, please click where indicated. If you find this is the best answer, please indicate this as well. Thank you. This is not legal advice and is provided for informational purposes only. NO attorney-client relationship or privilege is created, and none of this is confidential.


You have established residency in Texas. You need to consult an attorney

Good Luck! Leslie Barrows, The Barrows Firm Protecting your rights! We have offices in Colleyville, Fort Worth and Trophy Club to serve you 817-481-1583

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