Understanding the UCCJEA
The Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA replaced
the Uniform Child Custody Jurisdiction Act or UCCJA in order to correct
inconsistencies between national and state laws. It also served to further
enforce child custody determinations across state lines. The UCCJEA helped
create firmer guidelines for determining when a state court has jurisdiction
to make or alter custody orders, as well as how the decisions should be
enforced by the courts.
The section of the UCCJEA focused on jurisdiction helps clarify the role
of the state in custody proceedings including:
- Temporary emergency jurisdiction
- Initial custody determinations
- Modification of earlier decisions
- When and why a court may decline to exercise jurisdiction
How it Works in Texas
One of the most important considerations for Texas courts is determining
if Texas can be considered the child’s home state. If it appears
that Texas courts do have proper jurisdiction, the family lawsuit may be filed.
However, a Texas court can have temporary emergency jurisdiction for any
of the following situations:
- The child is present in Texas
- The child has been abandoned
- The child needs to be protected because they are being threatened
Confused? We understand.
Schedule an appointment to come in and discuss your jurisdiction concerns with our Austin attorneys
with over 35 years of collective experience.