• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

state jursidiction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jnkbell

Member
What is the name of your state (only U.S. law)? California
A new question in regards to one I already have working. My daughter was appointed primary conservator (joint conservatorship) of her daughter in a suit (in Texas) with the baby's father, and was allowed to relocate in California back home with us. I've been gathering information in regards to her legal rights and recourse against constant threats of ongoing motions of modifications, and all of you have been extremely helpful. In researching the Texas Family Code there are numerous mentions in regards to being under the court's jurisdiction, under Texas jurisdiction, etc.
Is there a time limit from the final hearing when the orders were signed that holds the case under the court's jurisdiction, is this a legal issue, I'm confused. When would their case, or her and the baby's lives, be considered not under this "jurisdiction"? Or does this all mean something completely different?
jnkbell
 


Ronin

Member
Now that you have the family code, review Chapter 152 which should clarify the questions of jurisdiction a bit.

In a nutshell, Texas will retain jurisdiction over the child as long as the child maintains a significant connection with the state.

Since a Texas court made the first custody order, this confers exclusive, continuing jurisdiction over the child to Texas. This until a Texas court determines that there is no longer a significant connection with Texas AND that substantial evidence concerning the children's care, protection, training, and personal relationships is no longer available in Texas.

The primary case law in Texas on what defines "significant connection" arises from a Texas Supreme Court Opinion In Re Forlenza 140 S.W.3d 373, 379 (Tex. 2004).
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top