Help Need Fast!!!!!

[ashley361]

What is the name of your state? TEXAS

MY HUSBAND WAS DIVORCED IN MISSISSIPPI AND GOT CUSTODY OF HIS 2YR OLD DAUGHTER. SHE IS NOW 7. WE ARE IN THE MILITARY AND HAVE BEEN STATIONED IN TEXAS. WE WILL BE LEAVING HERE IN 14 MONTHS. MY PROBLEM IS HER MOM MOVED WAY UP NORTH AND HAD LITTLE TO DO WITH HER. SHE HAS NOW RELOCATED TO THIS STATE AND HAS STARTED EXERCISING HER EVERY OTHER WEEKEND VISISTATION. SO MY DAUGHTER IS STUCK IN A CAR 18 HOURS EVERY OTHER WEEKEND FOR THIS VISIT. ON HER LAST VISIT SHE PICKED HER UP ON FRIDAY AND ON SUNDAY PHONED ME AT 12 O'CLOCK TO INFORM ME SHE HAD PUT HER ON A SW FLIGHT. WHICH EVERYONE KNOW IS UNESCORTED AND TO PICK HER UP AT THE AIRPORT AT 4:15. WHAT IF SHE WAS UNABLE TO GET IN TOUCH WITH US? AT THE TIME SHE WAS 6. WE HAVE SINCE WENT TO MISSISSIPPI AND FILED FOR A MODIFICATION OF VISITATION AND A COURT DATE WAS SET. SINCE EVERYONE TOLD ME THEY STILL HAVE JURSD. SHE WAS SERVED ON MAR 21. THE ATT GEN OFFICE ALSO SAID TEXAS HAD NOTHING TO DO WITH THIS CASE. YESTERDAY HE GOT SERVED FOR OUR COUNTY. WHO HAS JURSD?

 

[snostar]

Based on your post Mississippi has jurisdiction. How long has the child resided in Texas?

Don't type in all caps, it makes it difficult to read.

 

[CJane]

What is the name of your state? TEXAS
SO MY DAUGHTER IS STUCK IN A CAR 18 HOURS EVERY OTHER WEEKEND FOR THIS VISIT.

YOUR daughter?

 

[Inquiry123]

The court will decide...

Have you been in TX with the child for the 5 years?

How long ago did mom move from MS?

Where are you (ya'll) going in 14 months?

The court will decide jurisdiction. I'd be willing to bet that your current county will be determined to have jurisdiction and TX will be considered the child's new "home state". Any problem with that?

 

[ashley361]

What?

YOUR daughter?

Our daughter, but you she has had little contact with her for the pasr 3 years. A phone call every now and then or a card. With an minimal visits.

 

[CJane]

Our daughter, but you she has had little contact with her for the pasr 3 years. A phone call every now and then or a card. With an minimal visits.

You're the step-mother, correct?

This is NOT your child. You have NO claim to this child. I'm sorry if that sounds harsh or unfeeling, but she's NOT yours, no matter how much you love her, or how little contact her MOTHER has had with her.

If Dad wants to fight this, it's HIS battle, not yours.

 

[ashley361]

Have you been in TX with the child for the 5 years?

How long ago did mom move from MS?

Where are you (ya'll) going in 14 months?

The court will decide jurisdiction. I'd be willing to bet that your current county will be determined to have jurisdiction and TX will be considered the child's new "home state". Any problem with that?

We have been here a year and 1/2.
4 years ago her choice to move up north over 20 hour away.
where ever the military sends us.
our residency is LA.
I did not think a child could be a resident of any state. plus she was born oversees. The only problem I have with that is we just paid a MS lawyer $1500 to do the case in MS.

 

[snostar]

Mississippi has jurisdiction, just leave it at that.

 

[ashley361]

You're the step-mother, correct?

This is NOT your child. You have NO claim to this child. I'm sorry if that sounds harsh or unfeeling, but she's NOT yours, no matter how much you love her, or how little contact her MOTHER has had with her.

If Dad wants to fight this, it's HIS battle, not yours.

She calls me mom and I am in charge of her everyday life (feeding, bathing, school, homework, etc....) I am not fighting any battles with his ex but I love my husband and my stepdaughter and will stand/help him however I can.

 

[snostar]

She calls me mom and I am in charge of her everyday life (feeding, bathing, school, homework, etc....) I am not fighting any battles with his ex but I love my husband and my stepdaughter and will stand/help him however I can.

Drop it and focus on the replies that addressed your LEGAL question.

 

[ashley361]

Thanks!!

Drop it and focus on the replies that addressed your LEGAL question.

You are right, I guessed I'm just a little stressed and do not mean to take it out on anyone. In the 3 years me and my husband have been married we have never had a fight or arguement. I also, have 2 teenagers that live in the home with us. I guess the bottom line is can a child be a resident because that is how they are saying the filed in tx.

 

[Inquiry123]

Jurisdiction contradiction

Yes, MS currently has jurisdiction.

What his ex is suggesting by filing in your current county is that she wants jurisdiction moved to TX. She will have to respond to your MS petition...I'm betting that she will request that MS surrender jurisdiction to TX because...

1. The child has resided in TX for over 6 months.
2. Neither party has resided in MO for over 6 months.
3. Both parties now reside in TX.
4. Inconvenient venue (MS, that is.)

Jurisdiction? I'm betting a Coke on TX. Sno?

 

[snostar]

Are you now saying that the mother filed in Texas!!!?

 

[ashley361]

Yes, MS currently has jurisdiction.

What his ex is suggesting by filing in your current county is that she wants jurisdiction moved to TX. She will have to respond to your MS petition...I'm betting that she will request that MS surrender jurisdiction to TX because...

1. The child has resided in TX for over 6 months.
2. Neither party has resided in MO for over 6 months.
3. Both parties now reside in TX.
4. Inconvenient venue (MS, that is.)

Jurisdiction? I'm betting a Coke on TX. Sno?[/QUOTE
Even though we reside in TX on a temp basis because of military we are still LA residents. She has been in TX less than 5 months. But the case in MS was still an ongoing order. And now there is a court date set in MS for the 26th. Every lawyer we have talked to in TX has told us the same thing MS has jursd. A change of venue has not been filed in MS. because it is on going. This has been since 2001. Also, we leave TX in less than 14 months.

 

[ashley361]

That's correct.

Are you now saying that the mother filed in Texas!!!?

We did our paperwork in MS and had her served on the 21 of Mar. She had him served yesterday with papers from our county. She filed in TX.