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How are interstate child custody arrangements determined?

On Behalf of | Jul 15, 2015 | Child Custody |

Sometimes when a married couple splits, one of the spouses may want to relocate to another state. Since a divorce often occurs after a great deal of stress and conflict, such a move could provide a sense of relief and even a new lease on life. But if the divorcing couple has children, issues can arise if the custodial parent wants to move out of state.

It is always helpful if parents can work out child custody issues in an amicable fashion. However, sometimes it is left to the courts to determine custody terms. When a custody case involves a proposed interstate move, then most states, including Texas, employ the tenets of the Uniform Child Custody Jurisdiction and Enforcement Act. So, based on this act, how are interstate custody arrangements decided?

Of primary concern in such cases is which state maintains the right to craft the custody agreement. Jurisdiction can be contingent upon a number of factors. It is most preferable for decisions to be made in a court in the child’s home state. If the case cannot be heard in the child’s home state, then it may be heard in a state where the child has relatives or other significant connections.

If a child has been taken to another state for safety reasons, such as to escape abuse, then that state’s court system could handle the case. If a state does not meet any of the aforementioned criteria, then it cannot render judgments on a custody case.

Working out a custody agreement can be an emotional and complicated process. This is made even more so if you are in a dispute that crosses state lines. If you are in an interstate custody battle, a Texas child custody attorney may be able to help you receive a fair outcome.