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  1. #1

    Default Choosing a Court After Moving

    My question involves a child custody case from the State of: Texas

    My question - simple....

    UCCJEA and Texas family code state:
    “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.
    However - if you look at the term child custody proceeding in the same section of the UCCJEA it states:

    "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

  2. #2
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    Default Re: Choosing a Court After Moving

    If the child's home state is X and the court that presently has continuing exclusive jurisdiction is state X, the non-custodial parent's motion in state Y claiming "I want my child to live here after I get custody (which I don't have but will litigate if this court accepts jurisdiction)", that's not a valid basis for establishing jurisdiction in the NCP's state.

  3. #3
    Join Date
    Feb 2011
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    Default Re: Choosing a Court After Moving

    Quote Quoting daveofgv
    View Post
    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
    You can add
    3. if the child lived with a parent in another state long enough to establish residency (that is the new Home State)

    But even so, Texas does not have to relinquish jurisdiction

    Quote Quoting daveofgv
    View Post
    ... 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?
    No and No

    On the face of this, it appears that although you are the custodial parent, you may have left your child for whatever reason with the non-custodial parent long enough to establish the child's residency in another state. Which could presumably give the NCP a fingerhold to at least petition for a change of jurisdiction. It does not mean that the Texas court will relinquish jurisdiction, and it will most likely be inclined not to relinquish jurisdiction at this point. The other state has absolutely no say in this.

    But guessing what a Texas court may or may not do would depend upon more facts than you have given here.

  4. #4

    Default Re: Choosing a Court After Moving

    Thank you....

    Let me ask....is court over exclusive jurisdiction of the decree and a modification of the decree an actual "child custody proceeding"?

    I have exclusive residency, education and medical while in the modification they ask for exclusive residency and other things that don't apply to the children.

    How does one know the difference about what legally is a child custody proceeding?

    Thanks

  5. #5
    Join Date
    Feb 2011
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    576

    Default Re: Choosing a Court After Moving

    THE STATE in which a court made the initial custody decisions on a child (through divorce or otherwise) retains exclusive, continuing, jurisdiction over the child until it allows that to be given to another state. The guidelines/requirements for a change in jurisdiction are controlled by UCCJEA.

    ANY legal action which asks the court to make a custody-visitation determination (initial or modification) IS a child custody proceeding.

    The fact a court is asked to decide other issues outside of custody, does not negate the fact any determinations concerning the child are a child custody proceeding

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