[courtneykate23]

That has not been the case in my situation. Even per county. I realize "this" particular name I've had to use is new. Although I live in one county I had to make the complaint to where the fathers jurisdiction is and then we had to go to court where I resided with our child because that is where I reside. Wouldn't it be where ever she is living is where he would need to file? I was understanding for the jurisdiction to only count when one has had established a child custody case. Since one isn't created I don't see how this would apply to where she would have to come back to Texas and as AK brought out, also not being married. Also, being the child by law is hers (not saying he is not "the father") but the child receives the mothers last name when born unless otherwise by court the child was allowed to receive the fathers last name- being they are not married. I just don't want her to "feel" she is under jurisdiction of the "father" because she is not. She doesn't have to reside where he is at. No law pertaining to that. IF she is under jurisdiction to Texas then wouldn't it be better to move and file to the courts for full custody in Ohio showing it is the only place also that she could dwell in the mean time. Far as it seems, she has custody until it goes to court. She can't stay in his parents home and do this. Logic is also used in court.

Okay, my daughter does have her fathers last name, so is that a key factor? If I do need to go get an attorney first and ask a judge to leave then I will, but like you said I can't live here in TX with my daughter. My mother has an attorney in Indiana where I would be going not Ohio, to clear it up and her attorney said I would have to leave in Indiana for 6 months to establish residents.

[ScottGem]

That has not been the case in my situation. ... Far as it seems, she has custody until it goes to court. She can't stay in his parents home and do this. Logic is also used in court.

Don't know what your situation was but it may not be the same as the OP.

Yes, she has custody until a court rules otherwise. BUT, the child was born in TX. The child is a TX resident. The father (and we are assuming he is either on the birth certificate or signed an acknowledgement of paternity) is a TX resident. Therefore, until the child can establish residence in IN, TX has jurisdiction. That much is very clear in the law. So if the father files in TX before IN residency can be established, TX will have jurisdiction.

P.S. Somehow the sate the OP wants to go to got mixed up and some responses indicated it was OH, but it is IN.

Okay, my daughter does have her fathers last name, so is that a key factor? If I do need to go get an attorney first and ask a judge to leave then I will, but like you said I can't live here in TX with my daughter. My mother has an attorney in Indiana where I would be going not Ohio, to clear it up and her attorney said I would have to leave in Indiana for 6 months to establish residents.

No its not a key factor. The key factor is residency. As I just posted, TX has jurisdiction until residency can be established elsewhere. Even if the father is not on the birth certificate or didn't sign anything. He could still file in TX for custody. Paternity would have to be established, but it would be established under TX court.

[courtneykate23]

No its not a key factor. The key factor is residency. As I just posted, TX has jurisdiction until residency can be established elsewhere. Even if the father is not on the birth certificate or didn't sign anything. He could still file in TX for custody. paternity would have to be established, but it would be established under TX court.

Okay so I think I know what I need to do, I'm going to get an attorney and see if I convince a judge to give me permission to move with my daughter and live in IN. Can I do this without her father knowing?

[ScottGem]

As soon as you file for custody, you will need to inform the father that you have filed.

[AK lawyer]

Okay so I think I know what I need to do, im going to go ahead and get an attorney and see if I convince a judge to give me permission to move with my daughter and live in IN. Can I do this without her father knowing?

No, the judge cannot and should not rule in a vacuum. The father gets the opportunity to have his say before an order can be entered.

One point that I see that should be corrected: The child doesn't establish "residence" for six months in another state before the Texas courts can be deprived of jurisdiction. The child's presence in the other state for six months would make it the child's "home state". Perhaps it's only terminology, but that's the correct terminology.

[Fr_Chuck]

The father will be served papers of a court hearing and he will have the right to present evidence why this should not happen.

There will have to be plans for the court, to show father will have time with child. What are the plans for child to go back to Texas to visit father, how often, who is going to pay for trip ? How will child get there ?

[Dandrea]

Okay, my daughter does have her fathers last name, so is that a key factor? If I do need to go get an attorney first and ask a judge to leave then I will, but like you said I can't live here in TX with my daughter. My mother has an attorney in Indiana where I would be going not Ohio, to clear it up and her attorney said I would have to leave in Indiana for 6 months to establish residents.

If, the child didn't have the last name and a paternity test had not been done then that would have to be done first. That would have given you time to establish residence in IN. You could always take a trip for a couple of weeks to tell him you need to sort things out. If he asks about the child then you know childcare could not be covered. You can work things out with the attorney where your mom is at. No law against taking a trip. Then after showing you want full custody and have papers showing his rights you can send them to him. If he wants to go to court because he doesn't agree then ask him what is that he is wanting because you cannot continue to live together in his parents home. Tell him you will be coming back but make sure it is with another adult and stay not with them. Don't move just make a two-three week trip to get things done. Am I wrong anyone else? Correct me if I am.

[Fr_Chuck]

These are legal boards, and not really arguing as much as legal discussion. If things were simple, there would be no need for attorneys, There can be support for both sides, but we address the most common and normal outcome from their situation.

In general, she moves, the man does nothing, she establish residence and files for custody in her new state. That is what often happens. But it is not the legal answer, the legal answer is that the father has rights, even if not on birth certificate, and legally she is suppose to file for custody and get permission to leave the state

[ScottGem]

If, the child didn't have the last name and a paternity test had not been done then that would have to be done first. That would have given you time to establish residence in IN. You could always take a trip for a couple of weeks to tell him you need to sort things out. If he asks about the child then you know childcare could not be covered. You can work things out with the attorney where your mom is at. No law against taking a trip. Then after showing you want full custody and have papers showing his rights you can send them to him. If he wants to go to court because he doesn't agree then ask him what is that he is wanting because you cannot continue to live together in his parents home. Tell him you will be coming back but make sure it is with another adult and stay not with them. Don't move just make a two-three week trip to get things done. Am I wrong anyone else? Correct me if I am.

Yes, you are wrong on several counts as noted in previous posts. First, no one is arguing we are only trying to get the most accurate info.

Even if paternity needs to be established that doesn't give the OP any additional time. Once legal action is initiated, that's all that is necessary. The clock stops then and even if it were to take 2 years for a court to reach a decision, establishing residency in IN would not matter. Because legal action was initiated in TX and because residency was in TX at the time action was initiated, then jurisdiction stays in TX. The OP cannot file any papers in IN until she establishes residence and the attorney in IN has already told her that will take 6 months. So just taking a trip for a couple of weeks won't do it.

We pride ourselves on the accuracy of the advice given here so please be careful about the advice you give.

Bottom line here is the OP can move without fear of prosecution. But, the father can file in TX for custody and the TX courts can force the child to return to TX.

[talaniman]

I think you handle your business in TX, with legal council, start with legal aid and go from there, at least if you do leave you will have someone in Texas representing you. I strongly advise you do nothing without at least consulting with a lawyer, as this is no different than a legal separation, or divorce. Just as messy.

Expect very messy especially if you intend to act in secret and make him fight for his rights. Actually you should be talking of this between you unless there is physical abuse, and you and your child are in danger. That's your key here is to be able to go home and have a advocate for your rights until an agreement can be brokered. If not between you and him, then between your lawyers. When you cannot settle the details of custody, support, and visitation between you then the judge is the final arbiter.

There are MANY female advocacy groups in Texas that can guide you to proper representation, and be warned it's a long process, so find one immediately. That's the first priority before you inform ANYONE of your intentions.

[Dandrea]

Yes, you are wrong on several counts as noted in previous posts. First, no one is arguing we are only trying to get the most accurate info.

Even if paternity needs to be established that doesn't give the OP any additional time. Once legal action is initiated, that's all that is necessary. The clock stops then and even if it were to take 2 years for a court to reach a decision, establishing residency in IN would not matter. Because legal action was initiated in TX and because residency was in TX at the time action was initiated, then jurisdiction stays in TX. The OP cannot file any papers in IN until she establishes residence and the attorney in IN has already told her that will take 6 months. So just taking a trip for a couple of weeks won't do it.

We pride ourselves on the accuracy of the advice given here so please be careful about the advice you give.
Bottom line here is the OP can move without fear of prosecution. But, the father can file in TX for custody and the TX courts can force the child to return to TX.

Pretty sure I have not said I was an attorney. However, have experience on the other side of the spectrum. Anyone can take advice from whomever they choose and I am not telling her to listen to me. I am simply trying to help without posing opinions.

So why not SEE if you can get an attorney there in Texas and handle things from INDIANA while on your visit. I am simply trying to figure out a way that would keep you and the child in a peaceful atmosphere while some of these things are going on. I've been told by one of these that the father of my child can take him out of state for a trip all he wants without my consent as long as it is his visitation. Lets not be double standard here. And I'M the custodial parent with right of final say. Go figure. However, Scott who I do respect has a lot of knowledge. I checked and it was he that was able to help me and strived to do so. So I suggest find an attorney there in Texas since that is where you reside, ask if you can handle this from a place of stability in Indiana for a few weeks while visiting. It is clear you can't from where you are at and I for one SEE YOUR POINT. And understand your situation. You do need an attorney there as Scott brought out. Just see if you would be breaking the law by the attorney in Texas since they know the law there in Texas. Little different from where I am at. If the attorney there in Texas says it wouldn't be a problem to be away for three weeks, then have the papers drawn up before you go and the day they are delivered it will give time for things to settle down. Simply put and make a copy of it.. that you will be back in three weeks. I went to visit my family while you contemplate things. This is advice from a single parent who has been on her own since her child has been 9 days old. Going on 12 years. It may help to have in the papers too that you will be half responsible for the transportation. These are just suggestions and not advice from a lawyer. Children's parents live in separate states all the time. It is not the end of the world. You will be fine because unlike a lot of those who live in different states, they left without telling the father their whereabouts. You are simply trying to move where it is in the best interest of the child and at this time you have that right as the mother. And you are trying hard to show and should continue to show the understanding of the fathers rights. Just personal advice here: do not make decisions based on emotions. The courts only want the facts and evidence. They will not make choices based on anything else so keep this in mind.

And again Scott: Simply speaking from experience. I simply remember how emotionally draining it was so, hope she will be prepared emotionally.