The UCCJEA is the Uniform Child Custody Jurisdiction and Enforcement Act. This Act guides Courts across multiple states in determining which state has jurisdiction over a child.
“I moved out of Texas, but I do not have an existing Court Order”
If you moved out of Texas and did not have an existing Court Order, the time since you left the state will determine which Court has jurisdiction over your child. In an initial child custody determination, the state where the child resided for the six-month period prior to filing will have jurisdiction over the child and be considered the child’s “home state”. If you would like to file in your new state, you will need to wait until you have lived in the new state for six months before filing. If you do not wait six months, the other parent can request that Texas takes jurisdiction of your child.
“I moved out of Texas, but I have an existing Court Order from Texas. How do I enforce this in my new state?"
If you moved out of Texas and you currently have an existing Court Order enforcing your Order will involve multiple considerations.
When a state issues a final child custody order over a child, that state obtains what is called Exclusive Continuing Jurisdiction over your child. If Texas has exclusive continuing jurisdiction over your child, the state will retain that jurisdiction until:
- The Court determines that neither the child, at least one parent of the child, nor a person acting as a parent still has significant connection with this state and that significant evidence concerning the child’s care, protection, training, and personal relationships are no longer available in this state; or
- A Court of this state or another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
If you now reside in another state and want to modify the existing court order, you will need to first establish that the new state has jurisdiction to make an initial child custody determination by establishing the timeline of where the child has lived during the most recent six-month period prior to filing the new action. If a state determines that would have jurisdiction to make an initial child custody determination, the new state may modify the existing order if they determine that the child and the parents no longer reside in the previous state.
What do I do if I believe UCCJEA applies to my case?
Determining jurisdiction can be complex, especially if you have frequently moved between states. It will be important to sit down and write out the dates that you have resided in each state and to obtain any proof in the event that the other parent will contest your account of where you and the child have lived. Some items that can be useful in assisting the Court with outlining the places you have lived are lease agreements, school records, medical records for the child, and any communications you have with the other parent discussing the moves.
If you need advice on whether Texas still has jurisdiction to enforce your case, please contact our office at (832) 781-0320 to be connected to an attorney who can assist you.