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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I would like more information on how the Uniform Child Custody

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I would like more information on how the Uniform Child Custody Jurisdiction and Enforcement Act works and if I meet the requirements under the Exclusive continuing jurisdiction for the State that entered the decree. I filed for divorce in the state of Texas, I want to modify my custody agreement. Currently me and my ex share joint legal custody of our two children. He determines their residency, however, he is currently in the military and stationed in North Carolina and I still live in Texas. If I file for modification in Texas and he request a transfer to North Carolina, can I argue that Jurisdiction should stay in Texas because this is where all of the children's family lives, not only my side of the family but also all of his family as well.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

So long as the custody arrangement was entered into the divorce order in Texas, and you have not moved at any time, Texas would retain jurisdiction. Texas Family Code § 152.202. Exclusive Continuing Jurisdiction (part of the UCCJEA):


(a) Except as otherwise provided in Section 152.204 [emergency jurisdiction], a court of this state which has made a child custody determination consistent with Section 152.201 or 152.203 has exclusive continuing jurisdiction over the determination until:
(1) a court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent, have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 152.201.

ScottyMacEsq :

What this means is that so long as the child, or child and parent, has a significant connection with the state, AND if one of the parents lives in the state, the court cannot find that it no longer has exclusive jurisdiction.

ScottyMacEsq :

So it would be very difficult for him to get a transfer of the case, mainly because there is that significant connection between he and the child and Texas, as well as the fact that you live here. I don't see how a court could grant a transfer. It would first have to find that there is no such connection. Without that finding, it cannot transfer the case.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you so very much, this answers my question thoroughly.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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