In Dallas, McKinney, Denton or even Houston Texas, our lawyers/attorneys who specialize in divorce, family law and child custody notice that when parents divorce, frequently one of the most contentious areas that will have to be addressed is the issue of parental rights affecting child custody and visitation. In many circumstances, the children live with one parent (the primary custodial parent) while the other parent has partial custody or visitation rights. In most cases, as our family law, divorce and child custody attorneys/lawyers qualified in Houston, McKinney, Collin County, Plano, Frisco, Denton and Dallas, Texas would like to point out is that the parents share legal custody which governs matters such as decisions involving the child’s education, health care, religion as well as other important concerns.

While child custody determinations are made as part of the final divorce judgment, changes can be made if the circumstances of the children change and it is determined that a change in custody is in the best interest of the child. Some examples our divorce, child custody and family law situations that make child custody modifications appropriate include moving out-of-state, remarriage, of denial of visitation.

Child Custody Jurisdiction in Texas

The Uniform Child Custody Jurisdiction Act (UCCJA), enacted as chapter 152 of the Texas Family Code, is the governing statute with respect to jurisdiction in child custody determinations when parties reside in different states or countries. The UCCJA was intended to discourage and eliminate child snatching, avoid jurisdictional competition and relitigation of custody issues, and to promote cooperation between the states to ensure that a custody decision is rendered in the state that can better determine the best interest of the child. TEX.FAM.CODE ANN. § 152.001; Coots v. Leonard, 959 S.W.2d 299, 302 (Tex.App.-El Paso, no writ).

The UCCJA creates a system of concurrent subject matter jurisdiction for custody determinations. In re S.A.V., 837 S.W.2d at 87. Where two states have concurrent jurisdiction of a child custody matter, the Parental Kidnaping Prevention Act of 1980 (PKPA) becomes effective to prevent a jurisdictional conflict. If a conflict arises, the PKPA takes precedence over state law. Coots, 959 S.W.2d at 304. The PKPA is the federal statute governing child custody determinations. Each state is required to conform its relevant laws to the PKPA. However, the PKPA does not create federal court jurisdiction to resolve interstate custody disputes. Thompson v. Thompson, 484 U.S. 174, 98 L.Ed.2d 512, 108 S.Ct. 513 (1988). Under this act, a state which has made a child custody determination based on jurisdictional grounds consistent with the PKPA has continuing jurisdiction as long as it has lawfully asserted jurisdiction and the state remains the residence of the child or any one of the parties to the suit. 28 U.S.C.A. § 1738A(d). The PKPA permits a court of one state to assert jurisdiction to modify a custody determination made by a court of another state, if it has jurisdiction to make such a child custody determination and the court of the other state no longer has jurisdiction or has declined to exercise its jurisdiction. Id. at § 1738A(f).

Jurisdiction to make a child custody determination arises from one of four grounds set out in Texas Family Code section 152.003:

• Texas is the home state of the child as of the date suit is commenced or had been the child's home state within six months of filing and the child was removed by a person claiming custody, and a parent or person acting as a parent continues to live in Texas;
  
  
• It appears that no other state would have home state jurisdiction and it is in the best interest of the child that Texas assume jurisdiction because the child and at least one contestant have a significant connection with Texas other than mere physical presence, and there is available substantial evidence concerning the child's present or future care, protection, training and personal relationships;
  
  
• The child is present in Texas and has been abandoned or it is necessary to protect the child in an emergency because the child has been subjected to or threatened with abuse or is otherwise neglected or there is a serious and immediate question concerning the welfare of the child; or
  
  
• It is in the best interest of the child that Texas assume jurisdiction and it appears that no other state would have jurisdiction under the first three grounds or another state has declined to exercise jurisdiction on the ground that Texas is the more appropriate forum.

Holmes, Diggs, Eames & Puhl
Campbell Centre I
North Tower
8350 N. Central Expressway
Suite 1100
Dallas, Texas 75206
Phone: 214.520.8100
Facsimile: 214.520.6565
Website: www.texasfamilylawyers.com
E-mail: e-mail@texfamlaw.com

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