Can a child custody order be changed by going to court in another state?

Proper legal channels must be used to change a child custody order. The out-of-state non-custodial parent cannot simply change an order by filing for custody in his/her home state.

Laws exist that aim to prevent cases of parental kidnapping and promote orderly handling of interstate custody matters. When facing a potential child custody modification case involving an out-of-state parent, a Plano, TX family law firm can help navigate the legal issues under Texas child custody laws.

The UCCJEA and Interstate Custody

According to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the child’s home state has jurisdiction in custody issues. The home state is determined based on a variety of factors, the primary being that the child has resided in the state for at least six months prior to the legal action.

Other factors include the child having “significant connections” in the state or being in an emergency situation that requires immediate action to keep the child safe. The court in the home state oversees custody matters, so if a parent attempts to file a custody motion in an out-of-state court, they need to defer to the decision of the home court.

If a child lives in Texas and the non-custodial parent lives in another state, Texas child custody laws will apply if either parent wishes to change the child custody order.

A Plano, TX Family Law Firm Can Help Make Sense of Texas Child Custody Laws

If facing a child custody modification case and have questions about jurisdiction, speak with a lawyer in Plano, TX at the family law firm of Warren & Migliaccio. An attorney can review the applicable laws and interstate requirements if dealing with such a case to change a child custody order if the child and non-custodial parent live in different states.