Houston Interstate Property and Custody Attorney
When a couple separates, interstate property and custody issues may add an additional layer of complexity to their legal proceedings. Although the couple may file their case or hold significant property in Houston, property or residences held outside of the state of Texas may make the processes of determining child custody and property division much more difficult. However, at Holmes, Diggs & Sadler, we can provide Houston-area clients with the advice and representation they need to feel more confident about moving forward with their interstate property and custody cases.
What You Should Know about Interstate Property and Custody Concerns
In cases where multiple states are involved in property division and child custody, a family may need to work through a multi-step process that can involve courts of varying jurisdictions. For example, courts in Texas operate under the community property rules, but not all states divide property this way. This can immediately make the process of dividing property across different jurisdictions much trickier.
In interstate custody cases, there is a uniform law meant to make this process easier. Known as the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA), this law establishes the following rules on jurisdiction, which can clarify some confusing points of contention during an interstate custody case:
- Jurisdiction in the custody case goes to the child’s “home state”
- A child’s “home state” is where he or she resided six months prior to the custody case being filed, as long as the parent filing, not necessarily the child, remains there for that time
- If no state fulfills this requirement, jurisdiction will go to a state in which the child and at least one parent has a meaningful, evidentiary connection
- If no state fulfills either of these requirements, jurisdiction may open up to any state with a meaningful connection to the child
These home state connections may be challenged if the parents and child no longer live in the state or if there is no longer a meaningful connection that can be determined through evidence. If this occurs, a new home state must be determined to handle future custody enforcement or modification cases.
Contact an Interstate Property and Custody Lawyer in Houston
If you’re facing interstate property and custody concerns with your divorce or separation, we may be able to help you through the complicated steps of arguing for your best legal interests. To schedule a consultation with an experienced legal advisor regarding your next steps through the interstate property division or child custody process, contact an attorney from Holmes, Diggs & Sadler at (713) 802-1777 today.