How UCCJEA Impacts Interstate Custody Agreements
When one parent moves out of state, interstate jurisdiction laws – such as the UCCJEA – come into play to guide child custody agreement determinations. If you or your co-parent is considering an out-of-state move from Texas, then you don’t want to miss this article, outlining some of the legal steps that might be ahead – even prior to packing any of the boxes.
For co-parents who share custody over their children and live in the same geographic region, navigating the challenges of coordinating school schedules and transportation responsibilities between two households is difficult – even without the additional headache of long-distance logistics. Not surprisingly, the hurdles of co-parenting and custody agreement can become even more pronounced when one parent is relocated for work or decides that they want or need to move out-of-state.
Even if you and/or your co-parent never imagined dealing with an out-of-state custody situation when your divorce was initially finalized, statistics demonstrate that relocation has become more common in recent years. Thanks to these higher moving rates, the chances are now greater that interstate custody complications might become (or could currently be) issues you face.
In this article, we will better prepare you to navigate interstate jurisdiction and out-of-state child custody determinations in Texas by:
- Examining recent relocation data
- Defining interstate jurisdiction, especially as applicable to Texas interstate child custody laws
- Breaking down the purposes and implications of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Highlighting how interstate custody is enforced in Texas
- Explaining when to seek legal advice if you or your co-parent are moving out-of-state
What do the relocation numbers show?
According to a Pew Research study, five percent of U.S. adults said they personally moved from where they were living either permanently or temporarily due to the COVID-19 outbreak. And, although immediate pandemic concerns have largely subsided, economic factors such as increased cost of living, remote work, and/or the loss of a job – just to list a few – continue to compel people to move more frequently than before. According to a recent report examining U.S. Census data by analysts at Goldman Sachs, people are still moving out of the largest metro areas across the country at higher rates than before the pandemic.
And, interestingly, according to a recent U.S. Census Bureau report, about a quarter of movers reported family-related reasons for their move: “a change in marital status” being provided as one of the primary reasons. If you find yourself researching interstate child custody agreements or how to modify a custody agreement in Texas, then you are clearly not alone.
What Does The Term “Interstate Jurisdiction” Actually Mean?
Interstate jurisdiction, when used in reference to child custody cases, refers to the state that has the legal authority – or the jurisdiction – to enforce and modify a child custody agreement when one parent plans an interstate move.
Determining which state has jurisdiction over child custody can be a complicated process, especially if your child has lived in multiple states (more on this in the section below on the implications of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)). If one co-parent decides to move out of state, a request should first be filed in family court to grant the desired modification of the child custody agreement, as moving a child out of the custody agreement’s geographic designation may require agreement of the co-parent or the court’s approval. Depending on how agreeable the other parent is to the move, there might be serious objections and lengthy arguments over the requested modification.
Your family law team will know best how to advise you depending on your specific situation and the reasons for your move. It is important to keep in mind that certain circumstances, such as military relocations, have additional/nuanced custody implications in Texas child custody cases. “Long distance” moves also have unique implications even if one parent is not crossing state lines, as many custody agreements contain geographic restrictions that specify the maximum distance co-parents are allowed to live.
The UCCJEA and Interstate Child Custody Determinations
As referenced earlier, in order to determine which state has jurisdiction over an interstate child custody, visitation or child support case, the court will refer to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA has been accepted by 49 states (all except Massachusetts) and helps determine which state is considered the child’s “home state” for purposes of interstate jurisdiction.
The UCCJEA states that jurisdiction to make decisions goes to the state where the child:
- has lived for 6 months or longer;
- was living before being taken elsewhere by a parent seeking custody in another state;
- has established relationships in the state (teachers, friends, relatives, etc.);
- was abandoned; or
- is residing safely when there is a threat of danger or abuse in their home state.
The UCCJEA has two key sections for co-parents to understand:
1. Subchapter C addresses which state has jurisdiction in child custody cases.
2. Subchapter D outlines how custody orders from other states can be enforced.
Bear in mind, however, that UCCJEA only applies in cases where physical custody, legal custody, or visitation are an issue. Texas cannot make orders in your custody case until jurisdiction is determined.
The following issues are not covered by the UCCJEA, but rather by the Uniform Interstate Family Support Act (UIFSA):
- Adoptions
- Emergency medical care authorization for a child
- Travel expenses for a parent’s child visitation
- Child support
It is pivotal to talk to your lawyer before filing your case if jurisdiction is at all in question. This is because jurisdiction issues can be raised at any time, even on appeal, and could waste enormous time and money without moving your case forward.
How Is Interstate Child Custody Enforced?
Under the ‘full faith and credit clause’ of the US Constitution, decisions made by a state with proper jurisdiction must be respected by all other states. This means that when a Texas court issues a child custody order after being established as a child’s home state, that order must be recognized in other states.
However, when this process is affected by emergency circumstances, the law does provide the opportunity for a state to file a temporary emergency order. A temporary emergency order could be considered in a case where immediate action needs to be taken in the state where the child currently lives, regardless of the child’s home state status. Working with an attorney will help ensure in these circumstances that the process is followed as closely as possible, resulting in the best outcomes for the child in question.
If a major incident or emergency happens outside of the child’s home state, requiring emergency action, decisions can be made for the child according to the following rules:
- Temporary emergency orders can be filed by any state in which a child is in danger or requires immediate custody modifications.
- Modifications made from temporary orders will take the current custody orders from other states into account, but they will temporarily override the original agreements.
- Once the parent and child return to the child’s home state, that court will make a lasting ruling regarding the emergency order.
- If there is no previous custody ruling or no home state has been determined, the order may become part of a final custody agreement, and the state issuing the order may become the child’s home state.
What If You Have A Custody Order From Another State?
If you have a custody order from another state, you may (in some cases) have your court order modified by a Texas court. This is, however, very complex and requires numerous requirements to first be met, such as those detailed above.
It’s crucial to have your Texas family lawyer navigate you through any process involving child custody jurisdiction issues, particularly when applying the UCCJEA.
Capps Law Firm Can Help You Navigate Your Texas Interstate Child Custody Case
Interstate child custody and child support cases can be complicated and overwhelming. That’s why it is important to have someone on your side who is experienced in family law. Kelly J. Capps has over 25 years of experience in family law, including interstate and international custody issues.
If you would like to discuss your family law matter and/or any concerns that you may have about Texas divorce and/or child custody, contact our office or call our office at (512) 338-9800.
