Texas Family Law & The Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA)

What Is the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)?

The UCCJEA is a uniform state law drafted by the National Conference of Commissioners on Uniform State Laws, and adopted to replace the prior Uniform Child Custody Jurisdiction Act (UCCJA). Most states have enacted their own version of the UCCJEA.

The UCCJEA establishes that Texas courts have jurisdiction of custody cases if:

• The child has lived in Texas with a parental figure for at least six months before the case was filed;
• The child is under six months old and has resided in Texas with a parental figure since birth; and
• The child does not currently live in Texas, but did live there within the six months preceding the case filing, and a parental figure still lives in Texas.

What Is The "Home State" Of A Child For Jurisdictional Purposes?

The home state is the state where the child lived with a parent or a person acting as a parent for at least 6 months immediately before the custody action was filed. Home state jurisdiction exists in the child’s current home state or in a state that was the child’s home state within 6 months before the case began.  Importantly, a state is deemed to have significant connection jurisdiction with a child in the event the child, and at least one parent, have a significant connection with the state. There must be substantial evidence in the state concerning the child’s care, protection, training, and personal relationships; however, Under the UCCJEA, a court can exercise emergency jurisdiction in domestic violence cases where one parent (but not the child) has been abused by the other parent.

How To Determine Exclusive, Continuing Jurisdiction, In A UCCJEA Case?

Under the UCCJEA, the Court creating the original custody order or divorce decree retains exclusive jurisdiction until it (the court who had continuing jurisdiction) determines that the child, the child’s parents, and any person acting as a parent no longer have a significant connection with the state or until any state determines that the child, the child’s parents, and any person acting as a parent no longer reside in the decree-granting state.  A state court may modify a child custody determination from another state only if it has jurisdiction to make an initial determination, and the following occurs:

• A court in the state that issued the original order determines that it no longer has jurisdiction or declines jurisdiction, or

• A court in either state determines that the child, the child’s parents, and any person acting as a parent no longer reside in the state that issued the original order.

Contact the firm of Wilson Whitaker Rynell to learn more.