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My 2 boys do not live with me in NY, they live in TX with…

My 2 boys do...

My 2 boys do not live with me in NY, they live in TX with their dad. He is emotionally and mentally abusive to them. The boys share a room and haven't spoken to each other in over 2 years. I think they need therapy. My oldest 17 got excepted to a university and his dad told him he's not going to college because he isn't smart enough. My 13 year old is suppose to fly out to NY this summer and his dad told him no you aren'y going anywhere. My 13 yr old wants to live with me in NY. Do I have to go back to court?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Years ago in Denver Co.

Lawyer's Assistant: Family law varies by state. What state is he in?

Now TX

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The father and I are not allowed to have verbal contact. only black and white. Text or letters.

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Answered in 3 minutes by:
5/7/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,854
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!

You will need to file a Motion for Modification of Child Custody. Since both children are over the age of 12 they may tell the family court judge which parent they prefer to live with and the judge will take it into consideration. You will need to show the court that the boys living with you are in their best interests.

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Customer reply replied 3 months ago
In Texas?

No in the court where the original order was signed.

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Customer reply replied 3 months ago
That was in Denver, CO. Neither of us live there.

You may Petition the court in Denver to release jurisdiction since neither parent nor the children live in that state any more.

According to the UCCJEA, the state that issued the initial custody order will only lose its exclusive, continuing jurisdiction to modify that order if: (1) that state loses “significant connection” jurisdiction or (2) the child, the child’s parents, and any person acting as the child’s parent no longer live in the state that issued the order.

Only the state that issued the initial order can determine that it no longer has “significant connection” jurisdiction. And the only time the “significant connection” jurisdiction inquiry is made is when the child has no home state.

Jessica B
Category: Family Law
Satisfied Customers: 1,854
Experience: Attorney at Donald B. Linsky & Associates, PA
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Jessica B and 87 other Family Law Specialists are ready to help you
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You may file for custody in either Texas or New York.

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Customer reply replied 3 months ago
Thank you.

Thank you!

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