Interstate Child Custody
Living in different states presents unique challenges to parents filing for custody or seeking modification to an existing order.
Our Arlington, TX, law firm can help you negotiate these complex interstate child custody issues and reach the best possible solution.
How do multiple state residencies impact a child custody case?
Interstate Child Custody Basics
In most child custody cases the parents and children all live in the same state. However, this is not always the case. Sometimes children are born to unmarried parents who do not share the same state of residence. In other cases, a parent may want to move out of state after a divorce.
While every family's circumstances are unique, multiple state residencies generally add a layer of complexity to child custody. Interstate child custody is a specific area of family law that aims to resolve these custody issues.
Family Law Is Our Specialty
While it is possible to represent yourself in family legal matters, it is not recommended, especially for interstate child custody. Make the process easier on yourself and your family by working with an attorney.
Donna J. Smiedt has been a board-certified Family Law Attorney by the Texas Board of Legal Specialization since 1991. She has dedicated her career to helping clients with complex family law litigation, including divorce and child custody cases.
Donna J. Smiedt and the team of legal professionals at our Arlington firm understand how stressful these matters can be. We strive to reduce that burden and help you achieve a manageable resolution. If you are looking to file for child custody please contact our office and speak to a lawyer about your situation.
Speak to A Child Custody
"We hired Donna Smiedt to handle a very contentious child custody case in 2010. From the day we signed on to have Donna represent us we have received excellent representation and results. Donna has represented us well and listened to all of our needs and requests. Donna was professional and reassured us that our case would be taken care of. My wife and I can not say enough good things about Donna and her personal attention to a stressful matter..." Ed McKiernan, 5-Star Reviews
Interstate Child Custody Laws Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
To simplify interstate child custody matters, the majority of the country (all states except for Massachusetts) abides by The Uniform Child Custody Jurisdiction and Enforcement Act. These uniform regulations help determine which state has jurisdiction over your child custody case.
Why Does State Jurisdiction Matter?
If you are looking to file or have already been through a divorce you likely know that state laws can play an important role in the outcome. The same applies to child custody. Each state has slightly different legislation which can impact your share of custody, visitation rights, and child support.
One of the intentions of the UCCJEA is to prevent parents from moving out of state in an attempt to relitigate a custody order. If the parents lived in the same state when the divorce or initial custody action was filed, that state will continue to exercise jurisdiction over the case. The state maintains jurisdiction until neither the child nor parents reside there or have a significant connection to the state.
Which State Has Jurisdiction Over My Case?
While the UCCJEA provides a framework to determine the state of jurisdiction, this question gets more confusing when parents and children have lived in multiple states. To avoid wasting time and money filing for child custody in the wrong state, you should speak to a qualified family lawyer. We can take a look at your case and help guide you through the proper legal proceedings.
"Donna has represented my son in a child custody case and my wife and I in a grandparents custody case and she has done a masterful job. I don't know where my grandchildren would be without Donna. She has given them a chance to have a much better life and a chance to be loved and grow into well rounded adults. Donna is a very caring person that really looks out for the benefit of children and her clients." Jerry Johnston, 5-Star Review
Relocating With Child Custody
While parents are free to move without restriction, Texas law prevents the relocation of a child. Typically, a parent with primary custody can move as far as a county adjacent to the one where they received their initial determination. Beyond that, you will need the permission of the court.
In most cases, the court does not allow the relocation of a child if the move will affect the other parent's right to custody or visitation. Exceptions can be made to the Texas child custody relocation laws if the move is in the child's best interests, for example, access to better medical care or education in the other state. However, this is a matter the court takes very seriously and does not grant lightly.
Moving a Child Out Of State
In most cases, the court does not allow the relocation of a child if the move will affect the other parent's right to custody or visitation.
Turn to Us for Support
The Family Law Firm of Donna J Smiedt assists clients in the greater Southlake, Westover Hills, and Arlington, TX, areas with these types of serious custody modifications. Whether you want to petition a case for moving out of state or object to the relocation of your child, our attorneys can fight for your custodial rights. We are advocates for both parents' and children's best interests and want to help you reach a fair solution.
Contact our Arlington firm today to speak to a family lawyer. You can reach us online or by calling:
"I’ve hired Donna and her team for multiple child custody cases. She’s been nothing but kind, caring, honest, and professional during these extremely emotional and stressful times in my life. She always makes me feel like I’m her only client, and puts me at ease with her abilities and knowledge of the law. She’s won every case for me and I don’t know what I would have done without her and excellent team of paralegals and attorneys. She definitely gets the job done and more!! I highly recommend her for any family law issues." Lindsey Hogue, 5-Star Reviews
I received my original custody order in another state but now reside in Texas...
Can I Change The State of Jurisdiction?
Once the court reaches a determination on your child custody case, that order is recognized and enforced by all other states that abide by the UCCJEA (including Texas).
However, you may be able to change the state of jurisdiction for future custody issues. For a Texas court to hear matters on post-judgment modification, you will need consent from the court of your original home state. This may be granted if:
1) Both parents move from the state
2) A court determines that the state no longer has significant connections to the child.
Registering Your Out-of-State Order
To ensure the courts in Texas enforce your out-of-state custody order, you must officially file for registration. This not only protects the initial determination but gives both parents peace of mind when sharing custody across state lines. The same applies if you received your initial determination in Texas and want the order recognized in another state.
It is important to understand that registration in a different state does not transfer the jurisdiction. It simply gives the state court the information it needs to take action in the event the terms of your order are violated. If you have an out-of-state child custody order that you want to enforce in the state of Texas, contact our Arlington attorneys for help with proper registration.
If your child is removed to another state without your permission, you should notify law enforcement officers and contact our Arlington firm to learn more about your legal options. Depending on the circumstances, the parent responsible could face several criminal charges. At the very least, the action is in violation of your custody order. You are well within your rights to request post-judgment modification to your existing custody arrangement if needed to protect your child.
Get Help From A Family Attorney
If you are confused by any of these interstate child custody laws or court proceedings, you are not alone. Sharing custody across state lines is no simple matter. When you and your child's other parent live in different states, you need the help of a child custody attorney. Donna J. Smiedt has been practicing family law for over 30 years and is qualified to handle these complicated situations. We will answer your questions, explain your options, and ensure your custodial rights are protected. We serve clients throughout the Dallas and Fort Worth area, including Southlake and Westover Hills.