By: E.A. Putman
Years ago, when social media was primarily for college students and the first iPhone had just launched, I landed an internship on Capitol Hill. Part of my experience included a weekly class on government. One phrase from a book we read stuck with me: “He who knows the rules, rules the house.” This saying has remained with me ever since.
I worked as a legislative aide with the Texas House of Representatives and the Houston City Council before starting my legal career. At one point, I was one of the youngest registered lobbyists registered in the city of Houston. I learned that while strong relationships are important, a solid understanding of rules and procedures is crucial for success.
This background leads me to emphasize the importance of procedure over merely focusing on the basic facts of a case. In family law, the significant events have already occurred by the time you arrive at your lawyer’s office. While we can attempt to mitigate the negative aspects, it’s not like a makeover show where we can simply hide imperfections.
Procedure plays a crucial role in family law. In a divorce case, establishing jurisdiction is relatively straightforward. If a party has relocated to Texas, the condition is that one is a resident of the county for 90 days. Additionally, one must be domiciled in Texas for six months.
Interstate custody issues are more nuanced. It is controlled by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which has been adopted by the state of Texas.
In simple terms, the law generally states that the state where the child has lived for at least six months will handle custody decisions—pretty straightforward, right?
Imagine a couple who moved from Louisiana to Texas with their child.
A year later, they hit a rough patch and mom decides to return to Louisiana with their child. Dad files lawsuit in Texas after three months due to missing their little one. The timeline is crucial! Since the child hasn’t lived in Texas long enough and hasn’t reached six months in Louisiana, it complicates things. However, Texas may still have a role in custody matters if it was the child’s home during the six months before the father’s lawsuit, and if the dad remains in Texas.
The situation can become even more complicated when no single state appears to have clear authority over a case, or if one parent attempts to “shop around” for a more favorable legal environment by taking the child on extended trips. Courts in a state that would typically have jurisdiction may refuse to take the case if they determine that one party acted unfairly or if the location is deemed inconvenient for resolving the issues.
Navigating interstate custody disputes can be complex, so it’s crucial to work with a lawyer who understands these laws. The UCCJEA is complex, and decisions regarding jurisdiction are always subject to challenge. But, I understand the rules, and those who know the rules can rule the house.
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