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?
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.
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