Assisting Families with Interstate Family Law Concerns
When parents live in different states, complicated jurisdictional issues can arise if one party seeks to enforce or modify orders concerning child custody, visitation or child support. At Ritchey & Marbut, LLP, we can help you sort through these complex jurisdictional issues and formulate a decisive strategy for dealing with interstate matters.
Contact our law offices in Austin, Texas, to speak with an experienced family law attorney about your situation.
The Uniform Child Custody Jurisdiction and Enforcement Act and The Uniform Interstate Family Support Act
The state of Texas is a party to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The act, which deals only with visitation and child custody issues, mandates that state courts must comply with and enforce any valid visitation or child custody orders issued by another state court. Furthermore, the UCCJEA dictates that any modification to an existing child custody or visitation order must be made in the state where the original order was issued. Modification is only permitted in another jurisdiction when the child has a new "home state" (has lived in a new state for at least 6 months) and the original state has surrendered jurisdiction, or in emergency situations.
Interstate child support issues among the fifty states are governed by the Uniform Interstate Family Support Act (UIFSA). The UIFSA dictates that the state which issued the original child support order has exclusive jurisdiction over the matter. In essence, this means other states may only enforce a child support order, not modify it. For example, if an original child support order was issued in Texas, and one parent still resides in Texas, any motion to modify the child support order must be filed in Texas. The only way in which Texas would no longer have jurisdiction over the child support order would be if either parent no longer resided there. In this situation, the party seeking modification of the child support order would have to file the motion in the state of the parent opposing the modification. Exclusive jurisdiction over the matter would then be transferred to the state of the opposing spouse.
We Have the Experience You Need
When faced with these complex interstate child custody and child support issues, you need a lawyer who understands how the law applies to your exact situation. Our firm has been helping clients in the Austin, Texas area with family law matters ranging from divorce to modifications of decrees for several years. We will listen to your needs and develop a carefully tailored legal strategy.
Contact Ritchey & Marbut, LLP for more information on interstate issues and to schedule a consultation with one of our experienced lawyers.
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