Southport, NC asked in Family Law for Texas

Q: I moved from tx to nc when my son was 3 wks old. Never married to father. Been in NC for 11 months and had temp orders

In texas while i was living in NC. Does temp orders in Tx require me to have texas as jurisdiction if child and I havent lived in texas in almost a year and the child was only there for three weeks? Just dont know if i sign final orders saying no other ct has jurisdiction and I feel nc is more appropriate. Do you know if temp orders will determine jurisdiction?

Related Topics:
1 Lawyer Answer
Daniel Abasolo
Daniel Abasolo
  • Denton, TX
  • Licensed in Texas

A: The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs where child custody cases are heard and what courts have jurisdiction in all 50 states. When a court issues orders concerning conservatorship, visitation, or support of a child it becomes the "court of continuing exclusive jurisdiction" under the UCCJEA. In your case, the TX court apparently issued temporary orders concerning the child. Under the UCCJEA temporary orders alone are enough for continuing exclusive jurisdiction, meaning the TX court that issued the temporary orders must be the court where any future suit is filed.

If the child no longer resides in TX then a pending suit or a future suit may be transferred to a more appropriate jurisdiction, but it still must originate in the TX court with continuing exclusive jurisdiction. If the child has lived in NC for at least 6 months then transfer to the County in NC where the child has resided is mandatory. All you need to do is hire a TX attorney in the appropriate county, do an affidavit stating where the child has lived, and have the suit transferred to NC. There will be extra court costs involved in the transfer, but as long as you haven't violated any geographic restrictions on where the child can live, you should be eligible for a mandatory transfer. Still, if you and the other parent agree on everything, and if the suit has not been dismissed for want of prosecution, then it might not be worth transferring. You might save some court costs and attorney fees by merely finishing the agreed orders in the court where the suit is already pending.

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.