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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2449
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I need help on statutory research that involve research

Customer Question

Hi I need help on statutory research that involve research around one particular issue.

I recently moved the child to Texas in violation of a child custody order which was entered in California in 1999. A new proceeding has been started in Texas. Now I must research the statutes to fully prepare. The child lived in California and the court order that allegedly violated was from California.

I need help on find  cases or (casenotes) to help on discovering the interaction of

California and Texas law. (2) the statutes as it pertains to this issue, What is California’s default rule as far as effective dates of laws? [The default rule would kick in if the statute itself did not specify when it would be effective.]

Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

In order to answer your questions, I need a fuller description of your situation. Specifically, I need the answers to the following questions:

1) Does either parent reside in California at this time?

2) What kind of proceeding has been started in Texas? (i.e. child custody modification? contempt of court?) Who brought that case?

3) What do you mean by "effective dates of laws?" Laws become effective on a date set forth in the law itself. Do you mean something else?

4) Has the California case ever been dismissed or transferred to Texas?

5) How old is the child now?

6) What did the California order say about custody, visitation and relocation?

Customer: replied 1 year ago.

Hi Steven, This is a essay that I need to do , the facts for the essay is


this is focused on statutory research and will involve research around one particular issue. Your client recently moved the child to Texas in violation of a child custody order which was entered in California in 1999. A new proceeding has been started in Texas. Now you must research the statutes to fully prepare to represent your client. The child lived in California and the court order the client allegedly violated was from California.



I beleve that the law was changed in 1999


Expert:  S. Kincaid replied 1 year ago.

Is this a law school essay? If this is occurring in present day, all of the states have adopted the UCCJEA (formerly known as the UCCJA). Do you want a general analysis of how the UCCJEA would apply or a detailed analysis?