Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Mom moved kids from TX to CA in December 2016. Mediation was…

Mom moved kids from TX...
Mom moved kids from TX to CA in December 2016. Mediation was held and MSA for possession established in April 2018. After much legal wrangling, final order entered on December 8, 2017.Mom began denying possession at Christmas, 2017. Said children were “traumatized” by having to visit back in Texas. Children have now missed 4 possession trips back to Texas.I tried to get Texas AG to help, but they said they did not handle out-of-state kids even with Texas court order.Does Texas have any jurisdiction here? I need to file contempt charges somewhere soon.Thanks
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
4/8/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,862
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I know this is a difficult situation but you have rights. Since there is a court order, you need to file your Motion for Contempt with the court who signed the Custody Order. Which state entered the court order...Texas or California?

Ask Your Own Family Law Question
Customer reply replied 4 months ago
sorry I did not clarify, modified and final orders were issued in Travis County, Texas

Ok have the children lived in California for six consecutive months? If they have lived in California with their mother for at least 6 months, then this is considered their home state and you need to file your motion for contempt in the County in which they live. This falls under the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) which is followed by all 50 states.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Yea the kids moved to CA permanently in December of 2016.So it appears my Texas final order was obsolete months before it was even issued in December of 2017.I will have to pursue the matter in California it appears.

No it is not obsolete! It is very important that you have that court order because it is what gives you rights. This is merely what jurisdiction do you file for contempt. In this case California will uphold the Texas court order.

Ask Your Own Family Law Question

Your ex will not get away with ignoring the court order simply because she is located in California. She is under a court order to give the children to you and she is not following that. The California family judge is not going to be happy with the fact that she is ignoring the court order.

Jessica B
Category: Family Law
Satisfied Customers: 1,862
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
thanks, ***** ***** heading to CA next week to pick up the battle there.

You have rights! I wish you the best!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 1,862
1,862 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
At a mediation can the mother as she is under the influence
At a mediation can the mother as she is under the influence be able to sign the mediated settlement agreement and it be honored in a pre-trial … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
Dad, 2 kids 10&13, possession order in Texas. Mom has moved
Dad, 2 kids 10&13, possession order in Texas. Mom has moved to California, and now refuses to take kids to airport to travel to Texas for my possession periods. Mom says kids don't want to go.My Texas… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
I am a never-married Texas father with 2 kids 10/13 born and
I am a never-married Texas father with 2 kids 10/13 born and raised in Austin Texas. Last year, Mother moved to California so we had a mediation to modify possession for out-of-state parenting. Mother… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
I have a question regarding custody issues within the state
i have a question regarding custody issues within the state of texas … read more
Ray
Ray
Lawyer
Doctoral Degree
33,840 satisfied customers
What are my options for dealing with a family law mediator
what are my options for dealing with a family law mediator who falsified the terms of a settlement agreement? Specifically, what can I do about terms that appear in the final order in contrast to what… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
Texas family law has a Standard Possession Order that is
Texas family law has a Standard Possession Order that is deemed "reasonable" and a "presumptive minimum" for parents spending time with the kids. Does California have anything similar? I have a very d… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,236 satisfied customers
I am the father of a 9-year-old boy and a 12-year-old girl
I am the father of a 9-year-old boy and a 12-year-old girl born out of wedlock to the same mother. In 2014 mother and I participated in a mediation to establish a parenting plan. The mediator asked me… read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
In summer of 2014, I signed a Mediated Settlement Agreement
In summer of 2014, I signed a Mediated Settlement Agreement that included a Holiday possession schedule for my 8-year-old son and 11-year-old daughter. The wording of the MSA misled me into thinking I… read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
My final order (Texas) specifies that I am to "facilitate
My final order (Texas) specifies that I am to "facilitate participation" of my children in "extra-curricular" activities. I signed an MSA to that effect with the understanding that these "extra-curric… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am requesting an arbitration to settle drafting disputes
I am requesting an arbitration to settle drafting disputes in an MSA governing the SAPCR I filed more than 4 years ago in Travis County, Texas. I signed the MSA, however upon closer examination afterw… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
last 4 years I was a dad with 2 elementary-age kids
For the last 4 years I was a dad with 2 elementary-age kids under a temporary possession agreement that included a standard geographic restriction. Last summer, we mediated an agreement where I was ap… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
I have a Mediated Settlement Agreement governing child possession
I have a Mediated Settlement Agreement governing child possession and one of the clauses says that I agree to "timely facilitate" the children's participation in activities that occur during my posses… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I am requesting an arbitration to resolve drafting disputes
I am requesting an arbitration to resolve drafting disputes in a sloppily constructed MSA governing my possession and custody in Texas. I had representation during the mediation, but the MSA did not r… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I'm a Dad who filed an SAPCR in Texas 4 years ago and it took
I'm a Dad who filed an SAPCR in Texas 4 years ago and it took forever to make any progress, finally we went to mediation where I messed up and did not notice that the ex's attorney severely reduced my… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
the word mediation caught my eye, I am fighting to reverse
the word mediation caught my eye, I am fighting to reverse my MSA at the present time (Texas)… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I are actively involved in a custody/child support
My husband and I are actively involved in a custody/child support case in Las Vegas, NV. My husband -- the children's father -- recently went through mediation with his ex-wife. A partial mediation ag… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
Hello. 1. Temp visitation order is issued two years ago
Hello. 1. Temp visitation order is issued two years ago to establish new guidelines for visitation due to ex moving out of state due to military. A. Order states father will have visitation at least 5… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Hi Mary, you have helped me in the past. My question is about
Hi Mary, you have helped me in the past. My question is about my rights with visitation. I am custodial parent 73%. My MSA designates the each parent may have 2 wks of vacation time with kids not spec… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x