File for Child Custody in another state
Question Details: My brother is active duty military and is currently deployed. His ex-wife lives in California and he is stationed in NY. He came home for his 2 week R&R to find that his daughter (age 7) was being cared for by the ex-wife's mother. The ex-wife had not seen her daughter for 6 months. He had permission to take his daughter to Texas to visit family during his vacation. When trying to contact his ex to return the child, the ex-wife was unresponsive. The child has been in Texas ever since and no visit attempts by the ex. Can he file for custody in Texas? That is his state of residence.
In a case like this, it is often difficult to decide where is the best place to file. Is there a court order giving her custody? When and where was that done? Usually you would go back to the court that ordered custody before. I do not think that he would file in Texas since that is only a temporary home for tha child. From what you haev said, I think it would be California where the ex and child were living before or the state which ordered her to have custody.
I hope this has helped. Please feel free to contact me if you have any further questions.
William J. Holmes
