The jurisdiction over child custody cases involving individuals in different states is determined by the Uniform Child Custody Jurisdiction and Enforcement Act.
Initial Determination
To determine which state has proper jurisdiction to make an initial determination of child custody, the UCCJEA proceeds in the following order of priority:
- The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state
- If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state
- If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.
A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.
"Home state" is defined as the "state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."
Continuing Jurisdiction
Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless:
- A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, and evidence concerning the child's custody determination is not available in the state
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A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer.
Modification of Custody Determination
Once a custody determination has been made, a court of another state does not have authority to modify the determination unless the state with jurisdiction determines that it does not have jurisdiction as noted above, or any state court determines that the child, parents, and any acting parents do not reside in the state which currently has jurisdiction.
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From my office in Austin, I provide legal advice and representation for clients throughout Travis County, Williamson County and Hays County, Texas. To arrange an initial consultation with an experienced Austin child custody lawyer, call my office at 512-708-0947 or contact me by e-mail.
