Child custody is a complex area of family law. Attempts are usually made to apply the standard of best interests of the child. But when a protracted custody battle ensues, court decisions about child custody may leave all parties with a painful and unsatisfactory resolution.
It is important to realize that you might be able to modify a child custody order down the road. We live in a highly mobile society. It is common for divorced parents to move from the state where their divorce occurred, whether for a new job, or simply to put distance between themselves and the ex.
When a custody issue involves the enforcement of an out-of-state order, another complex layer must be considered by the court. A skilled Lubbock child custody lawyer can help explain how the law applies in a particular case.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) generally governs issues regarding whether a court can make a decision in a child custody case. Basically, the law attempts to ensure that all states abide by the laws of the state making the original custody order. Uniform custody enforcement and jurisdiction provisions are the goal of the law.
When a parent moves to Texas and has physical custody, this usually means the parent has a sufficient connection with the state to seek modification or enforcement of an out-of-state custody order — provided certain requirements are met.
Similarly, when a non-custodial parent lives in another state, Texas courts may be able to assert jurisdiction to enforce the visitation rights of the non-custodial parent when the child lives in Texas with the custodial parent.