When parents do not live in the same state, making decisions about their co-parented child or resolving issues related to child custody like enforcement of original custody can become challenging.
Usually, the decision is made according to the rules in whatever state has jurisdiction, but determining jurisdiction can be difficult.
This is where the Texas Uniform Child Custody Jurisdiction and Enforcement Act comes in, to help Texas parents understand whether their custody concerns can be handled according to Texas family law by a lawyer familiar with enforcement of original custody or if another state actually has jurisdiction.
What is the Texas UCCJEA?
What is the Texas Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
The UCCJEA is a law pertaining to child custody cases involving more than one state, as each state usually has its own set of laws on how child custody must be handled.
It helps parents, attorneys who work with the enforcement of original custody, and the family court determine what rules will apply in a specific case and how parents are to uphold them by identifying which state has jurisdiction.
When Does UCCJEA Apply?
UCCJEA rules apply to issues concerning legal custody, physical custody, and parental visitation and also include permanent, temporary, and modification orders.
Parents with concerns about any of these issues can work with their enforcement of original custody lawyer and find out whether they can be resolved according to Texas family law or if the family law of the other involved state will apply.
UCCJEA rules do not apply to issues concerning adoption, child support, emergency medical authorization, or parental travel costs for visitation.
How Does UCCJEA Help Parents?
How does the Uniform Child Custody Jurisdiction and Enforcement Act help Texas parents seeking enforcement of original custody or modifications to custody?
The Texas family court has jurisdiction to handle these issues if Texas is currently the home state of the child and has been for at least six months or if the child is no longer in Texas but it is the child’s home state within six months before the custody case was filed.
If neither of these is true, then enforcement of original custody attorneys advise that it is possible that another state will have jurisdiction and cases about enforcement of custody must happen through that state.
Summarizing UCCJEA
What should a Texas parent do about enforcement of original custody when their child is no longer living in Texas?
They should immediately contact an enforcement of original custody lawyer to discuss enforcement through the Texas Uniform Child Custody Jurisdiction and Enforcement Act and go from there.
Together, experienced enforcement of original custody attorneys and Texas parents can determine whether Texas has jurisdiction to hear their case and help them with their enforcement issues or if some other solution must be sought.