At least for now, marriage is a strictly state issue, so same-sex couples should make be careful when making decisions affecting marriage, divorce and families, as state law rapidly changes and varies widely amongst the 50 states. In today’s post, we provide a review of the status of same-sex couple law in Texas. Same-Sex Marriage in Texas Texans passed a state constitutional amendment in November of 2005 that defines a marriage as a union between a man and a woman. Same-sex couples may not, consequently, marry in Texas. A 2011 poll from the University of Texas and The Texas Tribune, however, found that a majority of Texans now support either marriage or civil unions for same-sex couples. Same-Sex Divorce in Texas Same-sex divorce is currently in a grey area in Texas. Same-sex couples have traditionally been unable to divorce in Texas even if they were properly married in another state that recognizes same-sex marriages. Two cases are currently pending before the Texas Supreme Court that, come this spring, will decide whether same-sex couples can divorce in Texas. The cases pit two couples to whom lower courts granted favorable rulings against Attorney General Greg Abbott. Have you been involved in a…
Read More »

In the event that you or your child’s other parent need to modify a child custody order, the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) dictates what you have to do. The state courts with the power to modify an original child custody are normally those that created the order in the first place. This is a concept in the UCCJEA known as exclusive continuing jurisdiction. The UCCJEA’s focus is on making interstate child custody disputes easier to handle throughout the country. The state with the most contact with the child usually has original jurisdiction, and under the UCCJEA, that state should continue to have jurisdiction unless there has been a major change. There are two ways in which the state with original jurisdiction can lose its exclusive continuing jurisdiction: The parents and child no longer live in the state with original jurisdiction, or None of the parties has a significant connection with the state with original jurisdiction, meaning that there is no longer any substantial evidence related to the case in that state (for example, a non-custodial parent may still be in the original state, but the child’s new state may be in a better position to rule…
Read More »

While the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) has been a great benefit to parents, it is unfortunate that the UCCJEA cannot prevent all instances of parental misconduct when it comes to children. Parental kidnapping remains a prevalent crime, with a quarter of a million cases of it occurring each year. In fact, more than 2,000 children are reported missing every day; in the vast majority of cases, law enforcement finds them quickly, but in the remaining cases, most are a result of parental kidnapping. A federal law similar to the UCCJEA (which, though uniform, is adopted state-by-state) requires states to respect child custody determinations made elsewhere. That law is the Parental Kidnapping Prevention Act (“PKPA”). In many respects, the PKPA echoes what the UCCJEA says: The PKPA requires other states to enforce child custody orders that were properly obtained (states must give “full faith and credit” to proper child custody determinations) If states modify another state’s child custody order without complying with the PKPA, then the new determination is not entitled to enforcement in other states Like the UCCJEA, the PKPA emphasizes the child’s “home state” as the state usually with original jurisdiction (see Tuesday’s post about…
Read More »

The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) has helped many parents throughout the country achieve consistent child custody rulings. It helped them avoid losing their children to ex-partners who crossed state lines to take advantage of variations in the law between states. Now that the laws governing interstate child custody issues are the same from state to state, parents have less to worry about, but the need may still arise for an emergency child custody order in the event that a child is in danger. The UCCJEA provides guidance on that as well. The UCCJEA permits ex-parte (when only one side is present at a court hearing) emergency child custody orders under certain circumstances. If a child has been abandoned or a child is in danger, a court in a state that would ordinarily not be able to make a child custody ruling concerning the child would be able to issue a temporary, emergency order for the child’s benefit. Additionally, if no court in any state has made a child custody ruling regarding the child, then the emergency order can remain in effect until the proper state can make a ruling (which may end up being the state…
Read More »