QUESTION
I need help on what forms I should file with the court to get temporary jurisdiction or permentent moved to Texas from Minnesota.
Asked on Oct 21st, 2019 on Child Custody - Texas
More details to this question:
My kids have visitation schedule with there father in MN through MN. we reside in texas now. CPS got involved and MN refused to listen to CPS here because kids are safe in Texas with me there mom. that doesn't keep them from having to go back and soon. I am trying to get help getting jurisdicition changed here and was also told to get an order of protection but cant unless jurisdiction is changed here. I am just trying to do what is right for my kids and no one helps nor is taking "my kind of case" and i cant figure out what forms to file myself and start the process.
1 ANSWER
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There is a provision in Chapter 152.204 of the Texas Family Code entitled "Temporary Emergency Jurisdiction." Your pleading would be a Petition for the Court to take Emergency Jurisdiction. You must allege that the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse if returned to Minnesota. You will need to have the father served with the filed petition and set a hearing in the Texas court. You also need to complete and file a UCCJEA affidavit, which is referenced in Section 152.209 of the Texas Family Code. That affidavit lists where and with whom the children have lived in the past five years.
Overall though, getting the Texas court to take 'permanent" jurisdiction is likely to be decided by the Minnesota court because the father still resides in Minnesota.
This should give you a start. I have no idea if there are "forms" available for this area of the law. There are not forms for every type of suit.
Answered on Oct 23rd, 2019 at 2:24 PM