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Family Law in Texas and Interstate Child Custody Cases |
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Often when a relationship dies, the initial response of the parent moving out of the family home is to move as far away from their ex as possible. |
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| Author: Rev. David B. Smith |
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In Texas, your choice of where you reside is not only a private issue between you and your kids. It is also very much a legal concern. When beginning a child custody case, you first are required to give notice to the other parent. Before filing a child custody lawsuit in Texas you need to ascertain whether the suit has been filed in the proper state and court. Texas has very explicit laws to determine whether a custody dispute has been filed in the correct court.
It is worth keeping in mind, however, that all states in the US are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a law that determines which state can make custody pronouncements. It sets out the rules that settle which state can hear a custody action and avoids confusion, where two states could make custody verdicts involving the same child! Under this law, states must try to cooperate with one another and must acknowledge and enforce the custody orders of other states.
In the state of Texas, differences arise when one parent does not reside in Texas, or the child and other parent have moved out of Texas. Whether they have moved to another state or another country it is dealt with in the same way.
Ordinarily, the matter of which state has jurisdiction is verified by where the child (on the date of the commencement of the proceeding) has residence, regardless of whether the family members may have afterward moved. This includes states of affairs where the child no longer resides in the state but the parents do.
Things are not always this uncomplicated however. In some cases, the court of the state where the child resides may refuse to exercise their right of jurisdiction if it is deemed that another state is a more appropriate environment.
Again, this reflects the best interest of the children, because often a child and their parent has a significant connection with a particular state, other than their mere physical presence, or were there is asignificant amount of relevant evidence available in a particular state - evidence regarding the child's care, protection, training and personal friendships.
In other cases, the parent may have already been handed the citation of the previous state and agreed to it prior to shifting interstate, allowing the original county to exercise it's jurisdiction over them.
Technically, jurisdiction of a child custody dispute can be fixed in Texas even if a party has never lived in Texas! A party can be governed by a state's jurisdiction if they had merely engaged in sex in that state, and the child was conceived as a result of that deed!
Where one parent does live in another state, the court can require them to appear before the court in person. This can be with or without the child. Where the parent in this state has physical custody of the child, the court can subpoena them to appear in person with the child.
The parent issuing the citation needs to be aware that if a non-resident-of-the-state parent is compelled to be present at a child custody proceeding, the court may require the other parent to cover travel and accommodation expenses. The child however need not be present.
Once it is ascertained that jurisdiction is appropriate in Texas, when a party or the child is located out of state, then the proper county for the suit is determined by the general venue requirements, as previously set out above, concerning where most of the information concerning the suit exists.
Apart from this, where a court in Texas has already made a child custody decision, it has total continuing jurisdiction over that result unless or until it is decided that the little ones or parent's significant connection with that state no longer exists and that substantial evidence concerning the child's care, protection and training now can be found in another state.
About Author
For more information on Texas Law and Interstate Custody Rights:
http://www.texaschild-custody.com
Article Source:
http://www.1888articles.com/author-rev.-david-b.-smith-5341.html
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