UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT Texas?
Hello. I have what I hope is a simple question to be answered.
My ex and I have a custody order in Georgia but we both moved to Texas. A few years later he and I both decided to move separately (he moved back to Georgia without proper notice to me and I let him know properly I was moving to Hawaii). He didn’t like me moving to Hawaii so he filed to have our custody order transferred to Texas right as I was moving even though he already violated our order and moved back to Georgia. When I review the UCCJEA, the jurisdiction in Texas should be denied because he moved back to the original state of the order. Isn’t that correct?
I have contacted attorneys and because they do feel jurisdiction is not in Texas they won’t help me 🤦🏾♀️ Just need to be sure how I should go about presenting my plea to have this case dismissed.
- STEVEN FLv 73 weeks ago
Unless you formally transferred the case from Georgia to Texas, Georgia still has jurisdiction and Texas can't legally even hold a hearing.
NOTHING you state indicates he was under any obligation to notify you of moving to Georgia. If he is in Georgia, and the case is under Georgia jurisdiction, he would be a MORON to attempt to transfer jurisdiction to Texas.
- Anonymous3 weeks ago
If the original matter was heard and an Order was issued in Georgia, Georgia has jurisdiction until/unless a Court moves jurisdiction to another State.
I would NOT get into this custody battle without legal counsel. You need to make phone calls until you find someone who will represent you.
- PLv 73 weeks ago
For child custody, jurisdiction exists in the state where the child last established residency. My guess is your child's current residency is technically in Texas not Georgia, so he was probably advised to transfer the case there, since his case would be very weak in Georgia, but very strong in Texas (assuming the child's residency is there). It's important to note residency isn't something that had to be filed for. He just needs to prove you lived in Texas for more than 30 days which won't be hard.
Again the fact he doesn't live in Texas makes it complicated, however moving as far away as Hawaii makes your case extremely weak. It's so weak I might advise you to reconsider your plans. Either way it's better to seek real legal advise from someone with an actual law degree. You need to file in the state where the attorneys feel you have jurisdiction, and in many cases like yours you will need to hire attorneys from multiple states to coordinate. Multi-state custody cases like yours can turn into a real mess if you don't hire the right attorney to deal with it.
The only thing I can say is while he moved back your child did not therefore I would surmise it should probably be in Texas. The Texas attorneys can't do anything right now because the case is still in Georgia. You would need to hire a Georgia attorney to dispute the transfer. Be mindful if you keep the case in Georgia it will be even worse for you since you don't live there, but he does.