Heinrich Christian, PLLC Heinrich Christian, PLLC
Exclusively Working On Family Law Cases Since 2005
Schedule Your Consultation
512-333-4980

An overview of interstate child custody dispute, Part 2

Child custody is usually decided by the state in which you and the child live. But, as discussed in a previous post, ascertaining where the child "lives" and thus which court holds jurisdiction can be a tricky and complicated issue. This post will continue going through the factors that the court considers and how it may apply to you.

As discussed before, the UCCJEA governs interstate child custody disputes. The UCCJEA imposes four tests that all courts must run through to determine if they can assert jurisdiction.

The first test asks the court to consider whether it is the child's home state. The home state is established if the child lived with a parent in the same state for at least six months before litigation. The child may also be considered a resident if, but for the other parent removing her, would be living in that state (kidnapping issues).

If the child does not meet that test, the court then determines the amount of connections the child has to the state. The more significant and numerous the connections, the more likely the court can assert jurisdiction. The court weighs its connections with other jurisdictions that may also have connections.

Two other tests will be addressed in the third installment of this series.

If you are engaged in an interstate child custody dispute, you still need to submit paperwork authenticating your position, even if you, the lawyer, and the judge all know your position is right. You need to show up and contest it or risk waiving your right to do so. A lawyer can help you find a local attorney to represent and assist you. You don't need to handle this on your own; an attorney can help.

No Comments

Leave a comment
Comment Information

Office Location
401 N. Lampasas Street
Round Rock, TX 78664

Toll Free: 800-906-6190
Phone: 512-333-4980
Fax: 512-485-4102
Lampasas Street Office Map

Our Office

EMAIL US FOR A RESPONSE

Get a Consultation with an
Experienced Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy