In Texas, your choice of where you continue living is not only a private issue between you and your little ones. It is also very much a legal problem. When starting a child custody case, you first want to give notice to the other parent. Before filing a child custody lawsuit in Texas you need to find out whether the suit has been filed in the correct state and court. Texas has very specific 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 United States are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a directive that determines which state can make custody pronouncements. It sets out the rules that establish 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 collaborate with one another and must affirm and enforce the custody orders of other states.
In the state of Texas, clashes arise when one parent does not live in Texas, or the child and other parent have vacated Texas. Whether they have moved to another state or another country it is managed in the same way.
Generally, the problem of which state has jurisdiction is decided upon by where the child (on the date of the commencement of the proceeding) lives, regardless of whether the family members may have afterward moved. This includes states of affairs where the child no longer lives in the state but the parents do.
Things are not always this clear-cut however. In some disputes, the court of the state where the child resides may decline to exercise their right of jurisdiction if it is determined that another state is a more appropriate environment.
Again, this reflects the best interest of the youngster, because often a child and their parent has a meaningful connection with a particular state, other than their mere physical presence, or were there is alarge amount of relevant evidence available in a particular state - evidence regarding the child's care, protection, training and personal the best relationships.
In other cases, the parent may have already been served the citation of the previous state and consented to it prior to moving 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 set up house in Texas! A party can be accountable to a state's jurisdiction if they had merely engaged in sexual activity in that state, and the child was conceived as a result of that single exploit!
Where one parent does reside in another state, the court can require them to appear before the court in person. This can be with or without the children. 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 initiating the citation needs to be aware that if a non-resident-of-the-state parent is expected to be present at a child custody proceeding, the court may insist that the other parent to cover travel and accommodation expenses. The child however need not be with them.
Once it is worked through that jurisdiction is appropriate in Texas, when a party or the child resides out of state, then the proper county for the suit is determined by the general venue provisions, as previously set out above, concerning where most of the information concerning the case exists.
Otherwise, where a court in Texas has already made a child custody determination, it has exclusive continuing jurisdiction over that result unless or until it is worked out that the kids or parent's significant connection with that state no longer exists and that substantial evidence concerning the child's care, protection and training now is present in another state.
For more information on Dallas Law and Interstate Custody Rights:
http://www.texaschild-custody.com/my-custody-rights-if-i-leave-texas.php
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