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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29028
Experience:  Attorney with experience in family law.
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MY HUSBAND LIVES IN CALIFORNIA AND I LIVE IN TEXAS. WE HAVE

Customer Question

MY HUSBAND LIVES IN CALIFORNIA AND I LIVE IN TEXAS. WE HAVE NOT LIVED TOGETHER SINCE 2007 WHEN MY HUSBAND WAS STATIONED IN JAPAN. WE HAVE TWIN 5 YR OLD GIRLS. WE BROKE UP IN 2009. I WANT TO FILE FOR DIVORCE AND CUSTODY BUT I ALSO WANT TO MAKE SURE TEXAS HAS JURISDICTION OVER MY KIDS. I HAVE READ THAT I MIGHT HAVE TO FILE FOR CUSTODY AND DIVORCE IN CALIFORNIA SINCE THAT IS WHERE THE FATHER LIVES? THE KIDS HAVE BEEN LIVING IN TEXAS SINCE THEY WERE 7 MONTHS OLD AND ARE ENROLLED IN SCHOOL. CAN I FILE IN TEXAS OR DO I HAVE TO FILE IN CALIFORNIA?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a lower rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.

Texas Fam. Code, Section 6.301 allows a spouse to file for divorce in the state, as long as you've lived in Texas for at least the past six months, and you've lived in the county where you file for at least 90 days. Section 6.305 gives the court jurisdiction over your husband as long as one of the following conditions, set out in Section 159.201.

(1) the individual is personally served with citation in this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage in the paternity registry maintained in this state by the bureau of vital statistics; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.


Your best argument may be that the children reside in the state, if you have any facts that support that you and the children moved to Texas because of your husband or his actions.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.

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