Help Need Fast!!!!!

[ashley361]

What do you mean?

What do you mean by timing?

 

[snostar]

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

I'm too tired to bet...I feel like I'm pulling teeth!

Texas will not likely take over jurisdiction with a case pending in MS. For more information read Texas Family Code Chapter 155.
http://www.capitol.state.tx.us/statutes/fa.toc.htm.

Goodnight.

 

[ashley361]

I'm too tired to bet...I feel like I'm pulling teeth!

Texas will not likely take over jurisdiction with a case pending in MS. For more information read Texas Family Code Chapter 155.
http://www.capitol.state.tx.us/statutes/fa.toc.htm.

Goodnight.

Thanks for your help!!! Sorry if I was rambling...We've just had enough..

 

[bradybunchmom]

you dont have any say here stepmom

you and the child may love each other, and she may call you mom, but you are NOT her mother. let the parents work it out. youre not a party to anything concerning the child,so keep your mouth shut and your nose out of it.you have NO legal rights to this child, nor do you have any say over the child.

 

[BethM]

Call the court clerk who is located at the county courthouse where the original divorce took place. Ask her/him if there has been a petition filed to change jurisdiction to the state of Texas. Tell her what his ex has done and that you want to make sure MS still has jurisdiction.

Call the court clerk in the county in Texas where the ex wife has filed. Tell her/him that there is an ongoing issue in the state of MS over this issue and ask her/him what role Texas could possibly play in it.

Also, call this attorney that you have paid $1500 to handle the issue in MS and explain to her/him that you have received a summons from the state of Texas. More than likely she has petitioned for a change of jurisdiction and you will end up having to fight the change. Being military and transient, you shouldn't have a problem keeping it in the original jurisdiction.

 

[Inquiry123]

I agree...sort of.

Ashley:

Beth is right...call the MS att'y. Explain the whole situation. He/she will be able to advise you best on Mississippi's probable disposition on retaining jurisdiction.

I'm still betting on TX. And I hope that saves you money (traveling, etc.) in the long-run.

If TX, your MX att'y will refund the balance of your retainer that has not been spent to date. You will have lost out on some of your funds (drafting the petition, filing fee.)

 

[snostar]

I am going with MS, especially if the OP fights the change of jurisdiction, since the child's residency is not established in TX and the case is pending in MS. OP keep us posted.

 

[thetsgtswife]

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.

I know how you feel but people dont like to hear us mentioning feeling for our step children and really dont want to hear us call them ours.

I have been the caregiver(stepmom) for my step son since he was 4 so I understand exactly where you are coming from. But as far as most people see it thats all we are, the caregiver.



TGSTSWIFE

 

[BelizeBreeze]

O.K. let's try to make some sense in all of this.

First off, Mississippi retains jurisdiction on the immediatly scheduled hearing. IF that hearing results in a court order then the order will be valid and need to be domesticated in Texas or wherever you move.


Secondly, the mother has every right to file in Texas (although we still don't know what the issue of the filing will be) even if it's for a change of jurisdiction. By the time the hearing in Texas is brought, the conditions to sever jurisdiction from Mississippi will have been met.

That simply means that any future issues (if jurisdiction is transferred) will be heard in Texas. It does NOT mean that the hearing in Mississippi will be cancelled or even that it will become void.

Third, Since you (and hubby) moved from Mississippi (although we don't know the contents of the custody order) without permission of the court, mommy could easily file a show cause for contempt for moving the child out of the state holding jurisdiction.

It matters NOT where she moves. Hell, she could move to the moon for all the court cares. What matters is that the CHILD is controlled by the court order and, by proxy, you and hubby.

And lastly, get the language right. Hubby has a daughter. YOU do not (at least where this child is concerned).

 

[snostar]

Thanks for coming to the rescue, Superhero (even if I was wrong)....don't leave your cape at the office.

 

[thetsgtswife]

you and the child may love each other, and she may call you mom, but you are NOT her mother. let the parents work it out. youre not a party to anything concerning the child,so keep your mouth shut and your nose out of it.you have NO legal rights to this child, nor do you have any say over the child.

Shaking head!!

 

[CJane]

I know how you feel but people dont like to hear us mentioning feeling for our step children and really dont want to hear us call them ours.

It's not that I (or, I'd assume, others) don't like to hear that you feel for your step-children. I'm pleased as punch that you love them, and I hope that my childrens' new step mother loves them. HOWEVER, when it comes to legality - which is what this board is essentially based on - no step has ANY legal right to ANY child from their new spouses previous relationships.

 

[thetsgtswife]

It's not that I (or, I'd assume, others) don't like to hear that you feel for your step-children. I'm pleased as punch that you love them, and I hope that my childrens' new step mother loves them. HOWEVER, when it comes to legality - which is what this board is essentially based on - no step has ANY legal right to ANY child from their new spouses previous relationships.

Well you got me there! LOL

I know and you are right it just seems that some people get very nasty and attack people on a personal level when this is brought up and you dont have to say things that are hurtful to explain something that most of us know already. What Im trying to say is that when It needs to be pointed out, It can be done with a little more tact.

TSGTSWIFE

 

[abstract99]

First of all lets go over somethigs here:
-Does your hubbie have sole custody?
-Does the parenting plan say that the mom has LIBERAL visitation?
-Does you parenting plan even count if she is living in a different area? (In most states there is a 100 mile requirement on different areas)
- A good idea for a new court order would be
- alternate spring break
- mother gets summer break
- alternate christmas break.

I might be a little off on the advoce but this post was impossable to follow

 

[BelizeBreeze]

-If your court order does not address what kind of visitation she has when she moves away then she doesn't get the child plain and simple.

EXCUSE ME??? I'll give you a minute to think about this before I come back...And you really DON'T want me to come back before you correct this answser.

If she wanted to exercise her right to visitation when she moved then she should have gone to court and requested a court order be put in effect that lists her types of visitation that she could have when she moved.

And you are ready with a legal cite for this opinion I would guess?

I might be a little off on the advoce but this post was impossable to follow

Might is a little short. You are not even in the ballpark.