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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34326
Experience:  Attorney with 16 years experience
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I am in and my ex husband has custody over my 16 and 11 yr

Customer Question

I am in Virginia and my ex husband has custody over my 16 and 11 yr old in houston tx. Both of them want to be back with me. my exhusband and his wife have told both of my kids that they were better off without them there and they do not treat them nicely at all. I have the step mother even saying things on Facebook about my kids that are hurtful. My exhusband does not want to let them go despite me. I need to know if I need a lawyer here in Virginia where I live or do I need to find one in houston tx?
Jenna
Submitted: 20 days ago.
Category: Family Law
Expert:  Barrister replied 20 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I need to know if I need a lawyer here in Virginia where I live or do I need to find one in houston tx?
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What state originally put the custody order in place?

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Have either of you ever filed a motion to transfer the case to a new state?

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thanks

Barrister

Customer: replied 20 days ago.
As of now he has the kids since he took them from me in July of 2016. It was done there in Tx. No neither of us have transferred a motion.
Expert:  Barrister replied 20 days ago.

Ok, when a court enters a custody or child support order, it retains "continuing and exclusive jurisdiction" over the case indefinitely unless one party files a motion to transfer the case to a new state.

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So if it started in TX, and has never been moved, then TX is where you would have to hire a local attorney to file a motion to modify the custody if your ex won't agree to voluntarily do so.

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thanks

Barrister

Customer: replied 20 days ago.
I apologize it is bexar county texas
Customer: replied 20 days ago.
No he won't voluntarily do so but I believe that my 16 yr old can go to the court and say she wants to live with me. Do I need a lawyer for that?
Expert:  Barrister replied 20 days ago.

A minor doesn't have the legal ability to determine who they live with. However, the general rule is that if a child is over 12, they can express their opinions about who they want to live with and the judge can consider it. It is by no means determinative or binding on the judge, but it can impact his decision...

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But if you think that ex will oppose your motion, even though he is being a jerk to them, it would be a good idea to have a local family law attorney representing you who is known to the local court to present your argument. You want a good local attorney so you can try to influence the judge with a little "home cooking" as judges tend to favor local attorneys that they know personally.

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thanks

Barrister

Customer: replied 20 days ago.
How do I find one that will do financial aid? I do not have the money for a lawyer.
Expert:  Barrister replied 19 days ago.

You can contact your local Legal Aid office to see if they can help or refer you to a low cost or pro bono attorney who would assist. You can also contact the state Bar Association to see if they have a list of attorneys who do pro bono family law work.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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thanks much

Barrister

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