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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My son has been loving with me two years. I picked m up

Customer Question

My son has been loving with me for over two years. I picked him up for summer vacation two years ago and they were homeless, living in someone's floor on Oklahoma and he had nothing but a small trashbag of clothes and a pair of hole filled shoes. He cried and begged to never go back so I told him we would see about it. He called his mom and told her he wasn't coming back. She threw a fit but ultimately let it go. The whole time he has been here she has continued to let child support add up on me and refused to show up for any state meetings. Now Monday we have court and I have pneumonia and can't go. I didn't get sick until this last Friday. Now I don't know what to do cause I think she is going to try and use my absence to get him back and I have no order of custody and I live in Tennessee. I have some financial means but I'm in the middle of an appeal with the social security administration. I will do anything I can to get some help. At least someone who can get me a continuance. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

You need to get to a doctor immediately and get a note indicating that you have pneumonia and are medically unable to attend the hearing on Monday. You will then need to contact the court and fax the doctor's note immediately along with a written request for a continuance.

Based upon your facts stated you have a very strong custody case, but if you are not there to present these facts the court is only going to hear mother's version of events.

In addition since the child has lived with you for 2 years, you can attempt to change the jurisdiction from Texas to Tennessee where you are residing. Custody jurisdiction is established under the uniform child custody jurisdiction and Enforcement Act (UCCJEA). It states between two different US states custody should be heard where the child has resided during the last 6 months. I would think strategically it would be very important to try to change the jurisdiction to Tennessee so it is easy for you to attend court hearings and difficult for mother.

Handling an interstate custody case in arguing over jurisdiction correctly is not easy, I would highly recommend hire an attorney as soon as you are you able to do so.

I hope that this information and advice is helpful and I wish you the best of luck obtaining the continuance.