My question involves a child custody case from the State of: Texas
My question - simple....
UCCJEA and Texas family code state:
However - if you look at the term child custody proceeding in the same section of the UCCJEA it states:“Home state" means the state in which a child lived
with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months of
age, the term means the state in which the child lived from birth
with a parent or a person acting as a parent. A period of temporary
absence of a parent or a person acting as a parent is part of the
period.
"Child custody proceeding" means a proceeding in
which legal custody, physical custody, or visitation with respect
to a child is an issue. The term includes a proceeding for divorce,
separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic
violence in which the issue may appear. The term does not include a
proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under Subchapter D.
My divorce happened on Aug 2011 and I was awarded exclusive residency, eduction and medical.
The other parent lives in another state and is fighting jurisdiction change to the other state (which I will not explain since my attorney is working on it).
I understand that my state holds exclusive continuance jurisdiction and the only way it can deny ECJ is that one of two things should happen:
1. neither both parents and children live in the state for 6 months
2. inconvienant forum.
With that being said - Child custody proceeding is divorce etc... as explained above. Is that also meaning modification if the other parent is seeking exclusive residency now and jurisdiction?
If not, than I would expect that "Home State" cannot be referred to a state where the child was for 6 previous months and "Child custody proceeding" is only for divorce. Correct?
Thanks in advanced
daveofgv

