How is interstate child custody decided?
To determine which state has jurisdiction over your joint custody arrangement in Texas, the court will follow the Uniform Child Custody Jurisdiction and Enforcement Act, which states that the “home state” of the child is the state that the child has resided in for at least 6 months prior to Texas child custody proceedings, and this state will have jurisdiction over the case.
Once a “home state” is determined for the child or children in question, that state will continue to have a say over all matters concerning the child unless the child and parent choose to move out of the state. You will have to apply for child custody jurisdiction in whichever new state you live in. Check to see what the specific laws exist in your state if you or your ex-spouse plans an out of state move.
Full faith and credit is the legal principle requiring judges to enforce valid court orders issued in other states. In the past, sometimes states did not honor the custody decisions of judges in other states and instead required a brand-new hearing or court case to re-decide who had legal custody of a child. The Uniform Child Custody Jurisdiction and Enforcement Act now requires all states to participate in full faith and credit.
Can I still visit my child when he or she lives in another state?
If your child’s parent was awarded sole custody and moves out of your state, you will have to contact the court and Texas child custody attorneys to draw up a court order that will give you permission to visit the child out of state and will explain what, if any, rules or regulations you must follow while doing so.
If you are entangled in a Texas child custody case where interstate child custody or joint custody in Texas is in question, you should contact Texas custody attorneys who can help you navigate this difficult time and help you establish an agreement that will be in the best interest of you and your children. While this can be an emotional time, do not feel intimidated by your ex-spouse when dealing with child custody and support issues; fight for the parental rights you deserve with a well-respected legal team on your side.
Contacting Texas Custody Attorneys
The attorneys at Warren & Migliaccio have years of experience, and we’ll use that training to provide you peace of mind for the future, whatever the circumstances for your divorce or family law situation. From the initial consultation until the day your divorce is finalized, our Texas family lawyer team at Warren & Migliaccio is here to advocate on behalf of you and your children. Contact our Dallas law firm today at 1-888-584-9614.