Austin Interstate Custody Lawyer – Transferring Child Custody Jurisdiction from State to State

In today’s mobile society, it’s increasingly common for parents to ask questions about transferring jurisdiction over their kids from one state to another. If you have prior custody orders established in a different state and wish to modify those orders after moving to Texas, our Austin interstate custody lawyer from Evans Family Law Firm can help.

Modifying custody orders can be straightforward or complex, depending on your situation. Regardless, it can be advantageous to work with Evans Family Law Firm, which understands child custody laws in Texas and beyond.

Call Evans Family Law Firm today at 512-628-2550 to schedule your free consultation and learn how we can help you navigate your interstate custody case.

Moving With a Child After a Divorce

If you have a standing custody order with the court, the order likely prohibits either party from taking their children out of the state. It’s important to work with our Austin custody relocation lawyer who understands interstate custody laws and is committed to helping you figure out your situation.

It’s still possible to move out of state with your child with custody orders in place, but you first must have them modified. At Evans family Law Firm, we can help you with this process and help you achieve peace of mind, knowing you’re handling everything correctly.

What Role Does Jurisdiction Play in Child Custody Cases?

Navigating child custody battles can be challenging, especially if your case crosses state lines. Fortunately, federal law dictates how custody cases are handled between states, which can simplify these situations.

The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) is a federal law that ensures all states address relevant issues regarding custody in a uniform manner. Jurisdiction refers to a court’s authority over a case. 

For example, there are typically minimum thresholds for how long you must live in an area before you can file a case with the court in that state or county. Fortunately, the UCCJEA helps answer this question by outlining how jurisdiction can be transferred from one state to another.

When determining jurisdiction, a court may look at a handful of factors, including:

• The child’s connection to a particular place
• The child’s personal relationships
• Subject matter of the case
• Where the parents live

The concept of jurisdiction becomes an important aspect of a case when it spans multiple states, which is the case in interstate custody order modifications. By having blanket laws in place, courts can avoid situations where one court second-guesses the decision made by the other.  

Generally, home state jurisdiction is awarded to the state in which:

• The child has resided for six months or more (unless the child is less than six months old) OR
• The state in which the custody decree or orders were rendered

Ultimately, the court’s goal is to make decisions based on the best interest of the child. However, even with laws in place, there are challenges when it comes to determining which state is empowered to enforce rights and duties regarding your kids. In these types of cases, it’s helpful to work with a Texas child custody lawyer.

Our team at Evans Family Law Firm has nearly 30 years of experience navigating complex family legal matters, and we’re ready to put our knowledge and skills to work for you.

Factors That Affect Efforts to Modify Jurisdiction

It can be helpful to understand what types of complications may arise when modifying jurisdiction for custody, so you’re ready if an issue does arise. A number of challenges can manifest in these types of cases, depending on your unique situation.

For example, if one parent lives in the original state and the other has moved the kids to Texas, the case may turn into a jurisdictional “jump ball.” Ultimately, the courts of both states have to confer and decide which state is a better fit for the kids’ well-being.

In situations where you’re trying to switch the jurisdiction over a simple issue such as child support, the original state is likely to retain jurisdiction. In more complicated scenarios—like if your child has been getting specialized medical care or counseling in Texas—the courts may agree that switching jurisdiction to the new state is necessary.

Timing is critical when it comes to interstate custody cases. The timeline in which you file for a custody order modification can determine which state will cover the case.

These are just a few examples of situations that you may find yourself in while navigating an interstate custody case. Regardless of the details of your situation, you can count on our Austin interstate custody lawyer from Evans Family Law Firm to help you through it.

Custody Laws in Texas

When you move to Texas, you can register your custody or visitation order with your county’s Texas court. Texas law uses different terms than many other states regarding custody cases. We help clients understand how these terms apply in their own situations:

• Conservatorship: The legal term for “custody in Texas legal cases
• Possession: The time a parent physically has with their child
• Access: A parent’s right to visit with their child. It’s known as visitation in many states

Texas law states that children over a certain age must be interviewed to express their preference for where they want to live. It’s important to note that the child’s preference does not dictate where they live, but it can impact the judge’s decision.

Most often, the state favors joint managing conservatorships. This refers to agreements where both parents continue sharing rights pertaining to the child. Sole managing conservatorships can be awarded to one parent in certain cases, such as if there is a history of abuse or neglect.

Possessory conservatorships refer to situations where a parent can spend time with their child but cannot make decisions regarding their health and well-being. These decisions are typically made in situations where a parent is found untrustworthy but not a danger to the child.

The Parental Kidnapping Prevention Act

This federal law was enacted by Congress to help states establish clear rules when it comes to the possession of and access to a child. This act provides rules for jurisdiction and standards for enforcement to ensure children are kept safe regardless of the situation they’re in.

This law effectively stops parents from seeking custody orders from different states to gain an advantage in their cases. It gives the child’s home state priority when it comes to issuing and changing custody orders and requires states to honor and enforce orders from other states.

Reach Out to an Austin Interstate Custody Lawyer to Discuss Your Legal Options

It can be challenging to know what’s best for your family, let alone know how to make it happen. Fortunately, you don’t have to navigate the custody process on your own. Our Austin child custody lawyers have nearly two decades of experience navigating custody cases in Texas. In fact, we have over 100 jury trials to our name.

If you’re ready to discuss your situation in more detail, our team at Evans Family Law Firm is ready to help. Our team can help you navigate complicated custody issues so you can have peace of mind, knowing whatever happens is in the best interest of your child. 

Contact our office or give us a call at 512-628-2550 for a free consultation to learn more about your options for changing custody jurisdiction.