Q: How do I file for joint custody when the child lives in Texas and I live in Waukegan?

A: If there is no current custody order, you can file an original suit affecting the parent-child relationship in the Texas county where the child lives if the child has lived in Texas for at least six months.

If there is a current custody order, you should consult an attorney in the state and county of the court that made that order to determine if it still has exclusive continuing jurisdiction.

A: To file for joint custody of your child, the first step is to determine the proper jurisdiction, as the child currently lives in Texas, and you reside in Waukegan. Since your child’s home state is Texas, you will likely need to file for custody there, as Texas is considered the child's "home state" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law generally dictates that custody matters are filed in the state where the child has lived for the past six months.

Next, you will need to file a petition for joint custody in the Texas court where your child resides. This petition should outline your request for joint custody, your relationship with your child, and why you believe it is in the child’s best interest. Even though you are not currently living in Texas, the court will consider your request for joint custody and make a determination based on what is in your child's best interest.

It is a good idea to consult with a family law attorney in Texas who can help you navigate the process and ensure that all legal steps are taken correctly. If you cannot afford an attorney, there may be legal aid services available to assist you. Keep in mind that the other parent will need to be notified of the custody petition and will have the opportunity to respond.

A: Since your child lives in Texas and you live in Waukegan, Illinois, you will need to file for joint custody in the state where the child has been living for the past six months—this is considered the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In your case, that means the family court in the appropriate Texas county has jurisdiction. Even though you’re in a different state, you can still file there and participate in hearings remotely if allowed.

You’ll need to start by filing a **petition to establish joint custody or conservatorship** in the Texas county where the child lives. In the petition, explain your relationship to the child, your desire for joint custody, and the current living arrangements. Be honest about your distance and propose a parenting plan that reflects shared custody while considering the realities of your location. The court will evaluate what’s in the best interest of the child, including stability, involvement from both parents, and the ability to cooperate.

Although you prefer not to speak to the other parent directly, the court will require her to be notified and given a chance to respond. This is part of due process, and she must have an opportunity to share her side. Taking this step through the legal system shows your commitment to being involved in your child's life, and you can still do it respectfully and constructively through official channels.