The rule of absolute home state jurisdictional priority applies even in the absence of a pending action in the home state. We look forward to speaking with you and assisting you in your family law issues.
No matter the reason behind it, divorce can be a harrowing process. Between the emotional distress, the legal mess, and the Divorce can be challenging for any couple, no matter their circumstances. It can be particularly difficult if you own a business. One, no significant connections remain between Tennessee and the child or, alternatively, between the child and a parent or person acting as a parent.
Two, no one still lives in Tennessee — not the child, not the parents, and not anyone acting as a parent. Reprinted here with permission.
As a matter of practical application, many custody jurisdiction disputes involving two states, there will be two judges and four sets of lawyers. Logistics get tough, certainly. If one judge of the judges is more direct and asks for the jurisdiction to be ceded, that pulls a lot of weight towards the final decision between the two judges.
Then, if the losing parent decides to appeal, that is what results in our case law for direction in future matters. One last thought. Filing for Divorce in Shelby Co. Most common reason for divorce? What can you NOT do during a divorce? When can I reduce my TN child support with more than one child? How to Tell Kids About Divorce What is the legal age that a child can choose which parent to live with? Can therapy be used against me in my custody case?
What is a Parenting Journal? Who Gets the Child Tax Credits? What is Child Custody Jurisdiction? Alimony Factors Duoble Dipping How do tax changes impact my alimony? As an example, a child who grew up in Texas and who has lived in the state virtually their entire life would be subject to Texas laws under the UCCJEA. One parent could not suddenly move to Oklahoma to get a custody order over the objections of the other. However, if a child has split their time between living with parents in two different states, determining UCCJEA jurisdiction may be more complicated.
The other key requirement you need to know about the UCCJEA is it requires family law courts around the country to enforce custody and visitation orders that were entered in other states. If a child custody order was entered in Dallas County, Texas, that order is still legally enforceable even if your former partner suddenly scoops up your child and moves to New Mexico, Louisiana, or any other jurisdiction.
Other state courts must enforce legally valid custody and visitation orders entered in Texas.
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