In child custody disputes in which the parents and children have significant contacts with more than one state—such as having homes in multiple states and spending significant amounts of time in multiple states—there may be a question of which state’s courts have jurisdiction over the child custody dispute (the authority to hear and decide the dispute). The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is a law adopted by most states (all but Massachusetts) that determines which state’s courts have jurisdiction to hear and decide a child custody dispute in such a situation.
In Texas, as in most other states, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs jurisdiction in child custody disputes involving multiple states. Under the UCCJEA, the child's 'home state'—defined as the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding—generally has jurisdiction to make an initial custody determination. If the child has not lived in any state for six months, a court in a state with significant connections to the child and at least one parent, and where substantial evidence concerning the child's care, protection, training, and personal relationships is available, may assert jurisdiction. The UCCJEA also provides for enforcement of child custody orders across state lines and aims to prevent conflicts between states in custody matters. Texas courts will defer to the jurisdiction of the child's home state or another state with proper jurisdiction under the UCCJEA, to ensure that custody disputes are resolved in the appropriate forum.
