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charlesnorris · Jan 11, 2009, 08:12 PM

A friend of mine lives in Texas with her nine month old son, the father and his family. They have never been married, though have lived together for some time. As I understand it there is no parenting plan or custody established. She now wants to return home to Washington with her son. What needs to happen for her to do this? I would assume that custody would have to be established as well as a plan for visitation? Since there is no plan in place is she free to go? Any help would be greatly appreciated.

ScottGem · Jan 11, 2009, 08:16 PM

If she just up and leaves, it will hurt her chances for custody. On the other hand, if she waits, she may be subject to a visitation schedule that will not allow her to move.

It's a tough decision. I think she really needs to consult an attorney to help her decide.

charlesnorris · Jan 11, 2009, 08:28 PM

Right right. I was looking for a more concrete answer hopefully from an atty on what the procedure should be but thanks.

Fr_Chuck · Jan 12, 2009, 05:40 AM

This is the issue, there is no concrete answer in family law. If she just leaves, he can file in Texas, since that would still be considered the legal residence. And she could be forced to travel back there for all the hearings and court.

The judge looks at each case.

excon · Jan 12, 2009, 06:06 AM

Originally Posted by charlesnorris

on what the procedure should be but thanks.

Hello charles:

There is NO procedure. She's the mom. She can go anywhere with her child.

But, as you have been told, she'll have to travel BACK to go to court, and if the court so deems, she'll have to move back PERMANENTLY.

excon

stevetcg · Jan 12, 2009, 07:07 AM

The problem she faces is that she has to live in her new home for a set period before her local court could have jurisdiction. If it were my kids being taken, I would be in court before the mother could make it across state lines.

It really all depends on the father and his level of interest/committment to his kid.

ScottGem · Jan 12, 2009, 07:36 AM

As noted there are no guarantees with Family Law. Judges generally have a broad discretion in these matters. That's why consulting a local attorney who knows the local laws and judges is the closest you will get.

JudyKayTee · Jan 12, 2009, 07:45 AM

Originally Posted by charlesnorris

Right right. I was looking for a more concrete answer hopefully from an atty on what the procedure should be but thanks.

For a "concrete" answer from an Attorney you will have to retain one in your State - someone who knows the law in your area, the climate of the Court, all of your circumstances.

charlesnorris · Jan 12, 2009, 11:02 AM

Hey, thanks for all the responses! Thanks a lot for the help I will pass the info along.