When Custody Issues Cross Texas State Lines: Houston Interstate Custody Attorney
- Are you a divorced custodial parent or unmarried parent who has moved out of state with your child or children?
- Are you a noncustodial parent traveling away from Texas with your child for an extended period of time?
- Do you suspect that a parental relocation is being used to violate a court order and keep you from seeing your child?
Complex interstate custody cases like these are many-sided prisms, open to interpretation during heated child access disputes.
But when your reasons for living outside of Texas with a child are legitimate or you think a relocation is being used against you, as a form of parental alienation, the smartest thing you can do right now is to speak with an experienced, proven effective family law and divorce attorney.
In Greater Houston and surrounding areas, the lawyer who will fight for you, from start to finish, is Travis Thompson of the Law Thompson, P.C., law firm. He has been a certified family law specialist for over 25 years.
Experience In Complex Custody Cases
For more than three decades, attorney Travis Thompson’s proactive legal leadership has made a positive difference in many lives regarding child custody disputes. He listens to the details of your interstate custody disagreements with a former spouse, conducts in-depth research of the situation and proposes thoughtful recommendations that can put this crisis behind you.
Houston child custody lawyer Travis Thompson believes in your rights and in “the best interests of the child.” He is steeped in the law, especially the Uniform Child Custody Jurisdiction and Enforcement Act, as it pertains to your problem, and legal methods of resolving it.
He works hard to ensure that another state does not attempt to nullify your existing Texas child access arrangements. You benefit from this exceptional expertise and a tradition of personal service that puts your legal needs, questions and concerns first.
Parent Relocation In Texas
Perhaps you are looking to move away in conjunction with your pending divorce, or years have passed since your divorce but you seek to relocate from Texas with your kids. Conversely, you may be the parent who would be left behind and wish to contest a parental move-away situation involving your child.
Parents are free to move anywhere they want, but if they have joint conservatorship, they will need consent from the co-parent or permission from the court to relocate the children outside of Texas (or to a distant part of Texas). The court where custody was established retains jurisdiction over parent relocation. (The custodial parent cannot simply move away and file for custody in a new state or different country.)
The court considers many factors:
- Was there a geographic restriction in the original court order?
- Does the parent have a legitimate reason for relocating such as better employment or better opportunities for the child?
- Does the child already have a close relationship with the other parent? Could a distant relocation jeopardize the child’s healthy relationship with the other parent?
- Is the parent moving to be with a new love interest or to cut the other parent out of the picture?
The court may also take into consideration the wishes of an older child.
These are tough, tense situations that defy an easy solution. If the court does grant relocation, the parent who is moving will have to make certain concessions to foster an ongoing relationship with the child.
Attorney Travis Thompson will examine your circumstances and give his assessment of where you stand and how the court would likely rule. He will also help you renegotiate the terms of joint conservatorship and child support as necessary, including subsidized travel to ensure the noncustodial parent has regular visitation.
Common Interstate Custody Scenarios We Handle in Houston
- Custodial parent wants to relocate from Texas to another state (job, family, remarriage)
- Non-custodial parent still in Texas fights the move or seeks to prevent it
- One parent has already moved the child out of Texas without permission (violating a geographic restriction)
- Attempting to enforce a Texas custody order in another state (UCCJEA enforcement)
- Another state is trying to modify or take jurisdiction over your existing Texas order
- International relocation or Hague Convention issues involving Texas children
- Military families and PCS (Permanent Change of Station) orders that trigger relocation
Frequently Asked Questions
Q: Can I move out of Texas with my child if I have primary custody?
A: No, not automatically. In almost all Houston-area divorce decrees and custody orders, there is a geographic restriction that limits the child’s primary residence to Harris County and contiguous counties (or sometimes a 100–200 mile radius). Even if you have the exclusive right to designate the primary residence, you are still bound by that restriction unless the other parent agrees in writing or a Texas judge lifts it.
Q: What if the other parent agrees to the out-of-state move. Do we still need court approval?
A: Yes. A private agreement between parents is not enough to permanently lift a geographic restriction. The agreement must be written, signed, and turned into a new court order. Without the judge’s signature, the original geographic restriction remains enforceable, and the other parent can change their mind later and file to bring the child back.
Q: How do I stop my ex from moving our child to another state?
A: File an emergency motion to enforce the geographic restriction in the original Texas court (usually combined with a temporary restraining order). If the child has already been moved, we can file for a writ of attachment or habeas corpus to have the child immediately returned, plus request contempt and attorney’s fees.
Q: Can I fight for custody if I now live in a different state from my child?
A: Yes, and Texas usually still has exclusive jurisdiction if the original order was entered here. You do NOT have to fly to the new state to fight; the case almost always must come back to Texas. We handle these cases for non-resident parents every month.
Q: What is an expedited UCCJEA enforcement proceeding?
A: A fast-track legal process that requires the new state to recognize and enforce your Texas custody order immediately – often the same day or within 72 hours. Police in the other state can be ordered to assist in recovering the child if necessary.
Q: Will Texas lose jurisdiction if my child has lived in another state for 6 months?
A: Almost never, if the original custody order was issued in Texas. Texas keeps “continuing exclusive jurisdiction” as long as at least one parent still lives here or maintains significant connections. The 6-month “home state” rule only applies to initial custody determinations, not modifications of existing Texas orders.
Q: What happens if the custodial parent moves the child out of state without permission?
A: They can be held in contempt, face jail time, pay all attorney’s fees and travel costs, and in extreme cases lose primary custody. We have obtained orders returning children from California, Florida, New York, Georgia, and North Carolina within days.
Q: Can the other parent file for custody in their new state after moving with the child?
A: They can try, but the new state almost always must dismiss the case and defer to Texas under the UCCJEA. We intervene immediately to stop improper forum-shopping.
Q: Do I need an attorney in the new state to enforce my Texas order?
A: No. Houston attorney Travis Thompson coordinates with local counsel when necessary, but the case stays under Texas control. You deal with one lawyer – us.
Still have questions about your interstate custody situation? Board-certified family law specialist Travis Thompson offers same-week consultations. Call 281-369-8665 today.
How the UCCJEA Affects Your Case – The Law Explained Simply
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the federal-backed law that every state (including Texas) has adopted to stop parents from “forum shopping” or kidnapping their own children to a friendlier state. It decides which state gets to make or change custody orders and ensures Texas orders are respected nationwide.
Q: What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
A: The UCCJEA is a uniform law in all 50 states that prevents two different states from issuing conflicting custody orders. Its two main goals: (1) decide one state—and only one state—has the power to decide custody, and (2) guarantee that the chosen state’s orders can be enforced anywhere in the country, almost like an out-of-state arrest warrant for custody violations.
Q: Which state has “home state” jurisdiction? (The critical 6-month rule)?
A: The “home state” is where the child has lived with a parent (or person acting as a parent) for at least the last six consecutive months before a custody case is filed. If your child has lived in Texas for the past six months, Texas is the home state—even if the other parent has already moved to California, Florida, or New York. Once Texas is the home state, it normally keeps the power to decide custody until every parent and the child have permanently left the state.
- Continuing Exclusive Jurisdiction – Why Texas usually keeps control if the order originated here If a Texas court made the original custody order (divorce decree or SAPCR), Texas keeps “continuing exclusive jurisdiction” forever unless:
- All parents and the child no longer live in Texas, AND
- No parent still has significant connections to Texas. This means the custodial parent cannot simply move to another state for six months and file there to “erase” the Texas order. Texas retains the sole power to modify its own order in almost every case.
- Emergency jurisdiction vs. inconvenient forum Another state can step in on a true emergency (abuse, abandonment, or immediate danger) with a temporary protective order, but it must immediately contact the Texas judge and usually return jurisdiction as soon as the emergency ends. A state can also decline to hear a case if it decides it is an “inconvenient forum” and Texas is more appropriate (common when one parent tries to file far away just to make it hard on the Texas parent).
- How to register and enforce your Texas order in another state You can (and should) register your Texas custody order in the new state under the UCCJEA. Once registered, local police and courts must enforce it exactly like a local order—including ordering the child returned to you and even holding the violating parent in contempt. The process is fast and expedited by law.
- How to stop another state from modifying your Texas custody order If the other parent files in their new state trying to change custody, we immediately file a “Motion to Decline Jurisdiction” and contact the Texas judge. Because of continuing exclusive jurisdiction, the out-of-state judge almost always must dismiss the case and tell the parent to file in Texas. We have successfully stopped improper modifications in California, Florida, Georgia, Colorado, Illinois, and New York in the last 24 months alone.
In short, the UCCJEA is one of the strongest tools Texas parents have to protect their rights when the other parent tries to move away or play games across state lines. Board-certified Houston family law attorney Travis Thompson has used the UCCJEA to keep Texas orders intact and bring children home quickly.
Experience With High-Stakes Family Law Issues
Facing an interstate or international child custody dispute? Don’t risk losing time with your child. Board-certified Houston family law attorney Travis Thompson offers same-week consultations.
Call 281-369-8665 or email our law offices to arrange a confidential initial consultation with a Houston child custody attorney. We represent clients in Harris County, Montgomery County and surrounding counties.