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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118783
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have an open cps case in texas because of domestic

Customer Question

I have an open cps case in texas because of domestic violence with my husband but my children were not abused. They took my kids and gave them to my mother in law and are trying to give her joint temporary custody. They have told my husband and i we have to complete services which we are still going through but my husband received a job offer in Oklahoma so he moved for the job and to find a home for us because we had previously decided to move there so my children and i would be able to get benefits through the Choctaw Indian Nation because i am a member of that tribe. My question is would it be possible to get our case transferred from Texas to Oklahoma?
JA: Since laws vary from place to place, what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No we have not.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No i believe that is everything.
Submitted: 3 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, because they have opened the case in Texas, the case has to remain in Texas. However, if you are Chocktaw you can seek to try to have the case moved under the Tribal courts under the Indian Child Welfare Act, which does allow the tribal court of an Indian Nation to take jurisdiction over a case. You would need a local attorney in TX or OK to represent you who is also versed in tribal law, because they will need to fight to get the case moved under that tribal law in the TX court.
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