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| | Jurisdiction to Modify Out-of-State Decree |
Conservatorship, Possession, or Access
The Texas Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides mandatory jurisdictional rules for proceedings to modify another state's child custody determination. Except in an emergency, a Texas court may not modify a child custody determination made by a court of another state unless the Texas court has jurisdiction to make an initial determination on either of the following grounds:
- Texas is the child's home state; or
- The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Texas other than mere physical presence and substantial evidence is available in Texas concerning the child's care, protection, training, and personal relationships.
In addition, in order for the Texas court to have jurisdiction to modify, one of the following must occur:
- The other state's court must determine that it no longer has exclusive, continuing jurisdiction or that a Texas court would be a more convenient forum; or
- The Texas court or the other state's court must determine that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Support
Under the Uniform Interstate Family Support Act (UIFSA), a state court that issues a child support order has continuing, exclusive jurisdiction over that order:
- As long as that state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
- Until each individual party has filed written consent with the tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
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