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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24550
Experience:  Attorney with 14 years experience
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My childrens mother came from AR to Texas and droppped off

Customer Question

My children's mother came from AR to Texas and droppped off our 4 children and I have not seen her since then. She basically abandoned them. They have been with me for 2 years now. I am receiving gov assitance for them and child support has been trying to locate her. Her mother in AR wants to see the kids and asked if I could bring them to see her. It is possibly that they could try to set me up and take the kids away from me. Do I only have custody in Texas. I had an old child support case in AR years ago when we separated where she was the custodial parent. The case is now closed but can AR use that against me and get law enforcement involve to take the kids away once I cross state lines
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Do I only have custody in Texas.
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If you have been awarded custody of the children through the courts, then that order is good anywhere. This is under the Full Faith and Credit clause of the US Constitution which states that a legal order issued in one state will be recognized in any other state.
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You could "domesticate" your TX order in AR by getting a certified copy of the order from the TX court clerk's office and then recording it in AR with their court clerk. Then AR could enforce the TX judgment in AR if they tried something to keep the children and not return them to you. Once recorded, it would speed up any action you could take if they tried something.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

I have never went to court. We were never married. I should have said break up instead of seperated. Should I wait until I go to court before I take them to AR. Would she have to be in court with me.

Expert:  Barrister replied 1 year ago.
Ok, I am sorry but I assumed that since you have child support enforcement looking for her, that you have formal legal custody of the children.
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Without formal custody, that changes things drastically and it would not be a good idea to agree to any type of visit until you get a formal order in place.
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The reason being that if there is no order in place, then since you are both the parents of the children, you both have equal custodial rights to them. This means that whoever has them has a legal right to do so. So if you drop the kids off for a visit with grandmother and ex appears and takes them with her and refuses to return them, she can legally do so since there is no court order stating you are the sole custodial parent.
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So it would be a very risky proposition to take them without a custody order in place if you think there is even a chance that mother could show up and take them...
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If you filed a paternity suit, then the court would have you undergo a DNA test to confirm paternity. Then, considering the fact that mother disappeared 2 years ago, the judge would award you sole custody of the children. Then you have a legal court order in your hand that can be recorded and enforced in AR if grandmother or mother try to keep the children.
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If it were me, I wouldn't even consider taking them to AR without having an order in place from the court.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24550
Experience: Attorney with 14 years experience
Barrister and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks so much. Headed to the clerks office now.

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I was able to help out a bit.
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Thanks
Barrister

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