Family law is a complex area of law that can often be confusing for those who are not familiar with the terminology or the process. If you’ve been trying to determine where to file your family law case and have found that it’s more complicated than you thought, you’re not alone. At The Evans Family Law Group, we have years of experience helping clients navigate the family court system and resolve jurisdictional disputes. Contact us today to schedule a free consultation.
The Uniform Child Custody Jurisdiction and Enforcement Act
In 1997, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), was enacted to take the place of the Uniform Child Custody Jurisdiction Act (UCCJA). It was created to correct inconsistencies between national and state laws which had resulted in problems with the enforcement of child custody arrangements.
The UCCJEA sets forth specific rules regarding when a court has jurisdiction over a child custody case and establishes procedures for enforcing child custody orders across state lines. The UCCJEA also includes provisions for dealing with international child custody situations.
How the UCCJEA Works
Under the UCCJEA, a court has jurisdiction over a child custody case if:
- The state is the child’s “home state,” meaning that the child has lived in the state for at least six months (or since the child was born if the child is less than six months old), or
- The child and their parents have a “significant connection” to the state other than mere physical presence, and
- There is no other state that would be a more convenient forum for adjudicating the case.
Texas May Have Temporary Emergency Jurisdiction
It’s important to understand that there are certain emergency situations where a Texas court can assume temporary emergency jurisdiction over a child. These situations include the following and apply if the child is present in Texas:
Abandoned Children
The Texas Family Code defines abandonment as leaving a child without providing necessary care for the child under the circumstances. In this case, the court can assume emergency jurisdiction.
Children in Need of Protection
In some cases, children may need to be protected from threats of abuse or neglect from a parent or a sibling. If there is immediate danger to the child’s physical or emotional well-being, the court can assume temporary emergency jurisdiction over the child. This is done to protect the child from further harm and to allow time for an investigation to be conducted.
Why Hire Us For Your Family Law Matter?
When you are looking for a family law attorney to represent you, it is important to choose the right one. Hire The Evans Family Law Group because:
More Than a Decade of Experience
We have been handling family law cases for more than a decade, so we have the experience necessary to provide you with the best possible representation.
Referrals from Happy Clients
We receive much of our work through referrals from happy clients. This is because our clients are satisfied with the results we achieve for them.
We Genuinely Care About You and Your Family
We understand that going through a family law case can be a difficult and stressful time for you and your family. That is why we offer compassionate and caring representation. We will do everything we can to make sure that you and your family are taken care of during this difficult time.
If you need assistance, contact us today to schedule a free consultation.