How do you know if child custody will be an issue in your case? Custody proceedings are part of every family law matter involving children. Parenting issues can arise out of a couple’s divorce, separation, annulment, or following an establishment of paternity.
Therefore, if you have minor children, custody decisions must be made. Once the court asserts jurisdiction, the judge will render a judgment and issue orders accordingly. Those orders will cover:
Before Texas hears a family law case, make decisions, and issue orders, it must have proper jurisdiction or authority. The court must have:
- Jurisdiction over the subject matter of the lawsuit;
- Jurisdiction over both parties to the lawsuit;
- Jurisdiction over custody under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA); and
- Jurisdiction over the property and things located in Texas.
What If Texas Does Not Have Jurisdiction?
If Texas lacks jurisdiction, then the case must be filed in the state that has jurisdiction.
Let us take a closer look at each of these so you can understand why establishing jurisdiction is an essential first step.
Subject Matter Jurisdiction
An example of subject matter in a family law context would be cases such as:
Certain courts can only hear certain types of cases. A court cannot hear when the subject matter is not present, even if both parties would like the court to hear the case.
Jurisdiction Over Parties
Think of jurisdiction over the parties as asking the question: “Does Texas have a reasonable connection to the people asking for relief from the court?”
For example, if a spouse files for divorce here, then one of the spouses must have lived in Texas (or stationed here if a service member) for six months. They also must have lived in the county where they are filing for 90 days or longer.
Often it is only a matter of waiting longer before filing for divorce to establish personal jurisdiction.
Specific to custody, Texas is a part of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
Below is just a brief overview, but for a Texas court to have the authority to make an initial child custody determination or decision:
- Texas must have been where the child has lived for the most recent six months (“home state” jurisdiction); or
- Texas has the most significant connection with the child and at least one parent, in terms of evidence, contacts, etc.; or
- The child is physically present in Texas and needs protection because of abandonment or some emergency; or
- No other state can assert jurisdiction or choose to assert jurisdiction if it could, and it is in the child's best interest for Texas to assume jurisdiction.
If none of those circumstances exist, then the court lacks jurisdiction over the child and will dismiss the case.
Jurisdiction over Property and Things
Jurisdiction over the property and things are also known as “in rem” jurisdiction. This refers to the court’s power over the parties’ property and assets located in Texas. The court exercises in rem jurisdiction in every divorce when it divides the couple’s property.
When jurisdiction is established, the next step is to decide the property venue, which Texas county can file in.
As mentioned earlier in the divorce context, a couple could file in any county that either of them had lived in for the last 90 days.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Custody E-Book”
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- Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
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- When Can a Minor Child Weigh in on Custody Decisions in Texas?”
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Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it's important to speak with one of our Houston, TX child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child custody cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.