Navigating the legal landscape of custody battles can be particularly complex when multiple states are involved. Establishing jurisdiction, or the authority to make legal decisions, becomes crucial in these situations.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, provides a fundamental understanding of the jurisdiction rules and their implications, which are essential for parties planning a move or a divorce.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
Understanding Divorce Jurisdiction: The Texas Six-Month Rule
To establish jurisdiction in Texas, all parties involved must have resided in the state for at least six months. Hence, if a mother and her children live in Texas for six months and two weeks, and the father takes the children back to California for a visit, Texas would still retain jurisdiction. It’s not sufficient to merely cross the border and establish residence in Texas. Specific timelines must be adhered to.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Interpretation According to Texas Family Code
Navigating child custody laws can be challenging, especially when multiple states are involved. Let’s break down the laws in the Texas Family Code related to child custody.
Initial Child Custody Jurisdiction (Sec. 152.201)
This part of the law says that Texas courts can only make an initial child custody decision if Texas is the child’s ‘home state’. This is when the child and at least one parent or person acting as a parent has lived in Texas for at least six months before the case begins. Even if the child leaves Texas, Texas remains the home state if a parent or a person acting like a parent continues to live here.
This law is important if a family moves to Texas, lives here for six months or more, and then one parent leaves with the child, like in our scenario where the father takes the kids back to California. Texas still has the power to decide about the child’s custody.
Exclusive Continuing Jurisdiction (Sec. 152.202)
Once a Texas court makes a decision about child custody, this law says that it keeps the power to make future decisions, unless it finds out that the child and parents no longer have a strong connection with Texas. So, if the mother and kids continue to live in Texas after the father takes the kids back to California, Texas still has the power to make decisions about the kids.
Jurisdiction to Modify Determination (Sec. 152.203)
This part of the law says that a Texas court can change a child custody decision made by another state only if it has the power to make the initial decision (like we discussed in Sec. 152.201). It can only do this if the other state agrees that it no longer has the power to decide or that Texas would be a better place to make the decision.
Temporary Emergency Jurisdiction (Sec. 152.204)
This law allows Texas courts to make temporary emergency custody decisions if the child is in Texas and has been abandoned, or if it’s necessary to protect the child because they, or their siblings or parents, are being mistreated or threatened. So even if Texas isn’t the ‘home state’, the court can step in to protect the child if they are in danger.
These laws aim to ensure the welfare of the child in the most reasonable and fair manner. Remember, in any situation involving child custody, it’s always a good idea to consult with a legal professional or a family law firm like Turner Monahan PLLC to understand your rights and obligations.
Facing hurdles in your child’s passport application due to an uncooperative ex-spouse, especially as Joint Managing Conservators, can be challenging.
In this complex situation, learn how to overcome the refusal of a necessary signature, understand how mediation can lead to resolution, and under what circumstances a single parent’s consent might suffice for the passport office.
Equip yourself to navigate this process with minimum conflict and maximum effectiveness, ensuring your child’s passport needs are met effectively.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Since 1973, Turner-Monahan, PLLC, has been a dedicated advocate in preserving family unity through their proficient legal representation in all family law issues. The firm’s commitment goes beyond standard legal practices, emphasizing personalized strategies for each unique case.
When you opt for Turner-Monahan, you’re not merely engaging a law firm; you’re choosing a symbol of integrity and commitment, a team prepared to staunchly defend your rights while providing valuable guidance during challenging times.
Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case.
There is tons of information on divorce and answers to unique questions like “Can A Parent Send Someone Else To Pick Up Or Drop Off The Child For Visitation Or Other Activities?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- Getting An Order Enforced For Child Custody, Marital Or Children Support, And Others
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
- What Is The Law About Holiday Possessions Schedules?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
