Can a Custody Attorney Help With Interstate Custody Disputes?

If you and your child’s other parent currently live in different states, it can be easy to feel helpless in a custody battle. Which state has jurisdiction? Can a custody attorney in San Antonio help you when another state is involved? The answer is yes, if you choose the right attorney. You don’t have to deal with this confusion on your own, and you shouldn’t, because the stakes couldn’t be higher.

Can a Custody Attorney in San Antonio Help With Interstate Custody Disputes?

Despite this uniformity, however, these cases are always complex and more difficult than standard cases where only one state’s laws are in play. You should always work with a lawyer who has experience in dealing with interstate cases and who is familiar with the UCCJEA.

FAQ About Interstate Custody

What Does the UCCJEA Say?

How Do I Know if Texas Has Jurisdiction?

Under the UCCJEA, Texas will have jurisdiction if it is the home state of your child, or if it is no longer the home state of your child, but it was their home state within six months prior to the custody case being filed, and a parent still lives in Texas. Texas will be considered your child’s home state if your child lives there with a parent and has done so for at least the last six months. If the child is younger than six months of age, then Texas will be considered their home if they have lived in Texas since they were born. Texas will also have jurisdiction if no other state does and you file a case here in Texas.

Always talk to your lawyer about how to prove where your child lives and the right place to make filings. You’ll need to provide the court with your child’s present address, a list and proof of every place the child has lived in the past five years (or for however long they have been alive if they are younger than five), and the names and addresses of all people the child lived with during those years.

Can the Texas Courts Ever Modify a Custody Order From Another State?

This question will always depend on the specific circumstances of your custody case. In most cases, it will only be possible if the court in the other state agrees that it no longer has authority to make custody decisions and Texas does have jurisdiction. Another possibility is if either the Texas court or the court in the other state investigates and finds that the child and their parents no longer live in that other state. Otherwise, under UCCJEA, Texas will recognize and enforce a child custody order that has been laid down in the state that has jurisdiction. In enforcing the orders, however, Texas will use all the enforcement remedies that are available under Texas law. It cannot use remedies available under the law of another state.

If you have a court order from another state, it’s always wise to register it here in Texas, though it’s not an absolute requirement. Your lawyer will take care of this if you wish to have it done, as it requires getting certified copies and then filing them with the appropriate district court. You’ll need to provide a statement under penalty of perjury that the order you are filing is the up-to-date one and give all your personal details.

What If It’s an Emergency?

In emergency situations, Texas can take temporary, emergency jurisdiction over your case. In this situation, it doesn’t matter which state or territory has jurisdiction. If the child is living in Texas and has been abandoned, or if there is an emergency need to protect the child, their parent, or a sibling from abuse, then your lawyer can step in and ask the courts to take this temporary jurisdiction to protect you or your children. This is only temporary and will only be enforceable until such time as you are able to bring the case properly in the state that has jurisdiction.

What Should I Know When Traveling Out of Texas With My Child?

A lot depends on the nature of your travel. If you’re traveling to relocate, then the court will usually not allow one parent to relocate if it makes it harder for the other parent to exercise their custody and visitation rights. If you have sole legal and physical custody of your child, then you don’t need the other parent’s permission or the permission of the court to move. But this is rare. However, if you can show the court convincingly that it is in the best interests of your child to make the move, then you may be able to get permission.

If there would be a significant improvement to your standard of living through a better job or better medical care for the child, these could be good reasons why the court may allow a move, even if the other parent objects. You will want the help of an experienced lawyer to definitively show why the move is in the child’s best interest. If you want to go out of state temporarily, for vacation or to visit relatives, this is usually fine as long as you get permission from the other parent or the court. There are some custody arrangements that don’t allow this, but this will be specified in writing within the order.

For help with your custody case, reach out to us at the HGC Law Firm, PLLC, in San Antonio today.