When multiple states are involved in property possession and child custody,
a family may need to work through a multi-step process involving courts
of varying jurisdictions. For example,
TX courts operate under the community property rules, but not all states divide
property this way, which can make the process of dividing property across
different jurisdictions much trickier.
In interstate custody cases, there is a uniform law that helps streamline
the custody process. Known as the
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), it establishes the following rules on jurisdiction, which can
clarify some confusing points of contention during an interstate child
custody case:
-
The
jurisdiction in the child custody case goes to the child's "home state."
- A child's "home state" is where he or she resided six months
before the custody case being filed, as long as the parent filing, not
necessarily the child, resided there for that time.
- If no state fulfills this requirement, jurisdiction will go to a state
where the child and at least one parent have a meaningful, evidentiary
connection.
- If no state fulfills either of these requirements, jurisdiction may open
up to any state with a meaningful connection to the child.
These home-state connections may be challenged if the parents and child
no longer live in the state or have a meaningful connection that can be
determined through evidence. If this occurs, the court must evaluate a
new home state to handle
future conservatorship enforcement or modification cases.
When Is A Custody Trial Is Necessary?
Sometimes, it's just not possible for separating parents to agree on where
their children should live. It may be necessary for a family court judge
or jury to decide primary custody or managing conservatorship if parents
cannot reach a consensus.
It is critical that a skilled child custody attorney in Houston, TX, represents
you. If you and your spouse can't agree, the
court will decide what's in your children's best interests. It is possible that your ex and you may not be happy with the result
if left to a family court judge. Negotiators with years of experience,
we work with your ex's attorney to come to an amicable agreement that
meets your needs.
During a court-ordered mediation, you may need to go through continued
negotiations and make a good-faith effort to resolve the issue. In the
event that you still cannot reach an agreement during mediation, your
case may need to be tried.
Find Legal Counsel Today and Call Our Texas Family Attorney
If you are ready to meet with an
experienced Houston family law attorney, Diggs & Sadler are available to assist you.
Our
Texas law firm understands how strict negotiating custody of your child can be and wants
to deliver the dependable, compassionate legal representation you need
to handle the case confidently.
Contact us today to schedule a free consultation with a professional Houston family lawyer.
