“WHERE DO WE FILE THIS THING?” JURISDICTION …

1 WHERE DO WE FILE this THING? JURISDICTION AND venue IN SAPCR SALLY HOLT EMERSON The Underwood Law Firm 500 S. Taylor, Suite 1200, Lb 233 Amarillo, Texas 79101 State Bar of Texas 32ND ANNUAL ADVANCED FAMILY LAW COURSE August 14-17, 2006 San Antonio CHAPTER 3 SALLY HOLT EMERSON THE UNDERWOOD LAW FIRM 500 S. Taylor, Suite 1200 LB 233 Box 9158 Amarillo, Texas 79105-9158 (806) 379-0348 Telecopier No. (806) 379-0316 E-Mail: EDUCATION: in Spanish with honors, Texas Tech University , Texas Tech School of Law PROFESSIONAL ACTIVITIES: Shareholder Underwood, Wilson, Berry, Stein & Johnson, Board Certified in Family Law - 1991 Director, Amarillo Bar association , 1996-1998; Vice President, 1999-00; President-Elect, 2000-01; President, 2001-02 Founding Member/Secretary, Panhandle Family Law association , 2000-01.

2 Vice President, 2001-02, President 2002-2003 Member, Texas Family Law Council: 6/93-present 95-96: Scholarships & Awards Committee Chair 96-97: Membership Committee Chair 97-00: Budget Committee Chair 00-03: Membership Committee Chair 03-04: Officer Secretary 04-05: Officer-Treasurer 05-06: Officer-Vice Chair Director, Texas Board of Legal Specialization, 1994-2000; Chair, 1996-97 Director, Texas Academy of Family Law Specialists, 1996-present; Treasurer, 1997-98; Secretary, 1998-99; Vice-President, 1999-00; President-Elect, 2000-01.

3 President, 2001-02 Fellow, American Academy of Matrimonial Lawyers Fellow, Texas Bar Foundation Member, ABA Standing Committee on Specialization, 1995-1998 Member, Pattern Jury Charge Committee, 1995-98 Course Director: 7th & 8th Annual TAFLS Trial Institute Series, Reno, Nevada, 1993 & 1994 12th Annual TAFLS Trial Institute Series, New Orleans, Louisiana, 1998 Advanced Family Law Course, August 2003, San Antonio, Texas Workshop Coordinator, 19th Annual Advanced Family Law Course, San Antonio, Texas, 1993 Where Do We File this Thing?

4 JURISDICTION And venue In SAPCR Chapter 3 iTABLE OF CONTENTS I. 1 II. TEXAS LONG-ARM 1 A. The Texas 1 1. Generally .. 1 2. Texas Family Code section (b). Acquiring JURISDICTION Over 1 III. UCCJEA: UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT 1 A. Brief 1 B. Stated 2 C. Texas 2 D. Initial Child Custody 3 1. Home State .. 3 2. Significant Connection .. 3 3. More Appropriate 4 4. No Other Court .. 4 E. JURISDICTION to Modify Determination .. 4 F. Temporary Emergency JURISDICTION .

5 5 G. Declining 6 1. Inconvenient 6 2. JURISDICTION Declined by Reason of 7 H. Simultaneous 7 I. Enforcement .. 7 1. Registration of Child Custody Determination .. 8 2. Enforcement of Registered Determination .. 8 3. Simultaneous Proceedings .. 8 4. Expedited Enforcement .. 8 5. Warrant to Take Physical Custody of Child .. 9 IV. UIFSA: UNIFORM INTERSTATE FAMILY SUPPORT ACT .. 9 A. Brief 9 B. Texas Enactment of UIFSA .. 9 1. Conflicts Between 9 2. JURISDICTION .

6 9 3. Simultaneous Proceedings .. 10 4. Continuing, Exclusive JURISDICTION .. 10 5. Enforcement and Modification .. 10 6. Recognition of Controlling Child-Support Order ..10 7. Enforcement and Modification of Support Order After 10 8. Choice of Laws .. 11 C. Conflicts Between UCCJEA and UIFSA .. 11 V. venue AND INTERSTATE JURISDICTION .. 11 A. Continuing JURISDICTION .. 11 1. Texas Family Code section 11 2. Texas Family Code and ..11 B. venue in Original Suits .. 11 C. venue 12 1.

7 Texas Family Code section (b) .. 12 D. Transfer Of 13 VI. CONCLUSION .. 14 Where Do We File this Thing? JURISDICTION And venue In SAPCR Chapter 3 1 WHERE DO WE FILE this THING? JURISDICTION AND venue IN SAPCR I. INTRODUCTION Sometimes, the most difficult aspect of suits affecting parent-child relationships is to determine where the suit should be correctly filed. Not only do jurisdictional issues arise involving different states; within the state, the proper venue must also be determined.

8 this paper will explore the different jurisdictional and venue issues that must be considered by the family law practitioner in such suits. The UCCJEA and the UIFSA are, of course, the initials for the names of federal uniform statutes that have been incorporated into the Texas Family Code. They deal with problems arising in family law matters between different states involving custody and support of children. The advanced family law practitioner has to deal with these statutes on a fairly frequent basis.

9 Why? Because of the extreme mobility our society has achieved today, rarely does much time pass without the Texas family attorney representing someone with interstate child custody or child support enforcement problems. Sometimes, these laws can pose a serious consideration for parents contemplating a move to or from one state to another. A firm understanding of these two statutes is extremely helpful in advising clients and dealing with these common interstate issues.

10 A review of the Texas statutes dealing with interstate issues will help determine where in Texas the suit should be filed. II. TEXAS LONG-ARM STATUTE A. The Texas Statutes 1. Generally Section of the Texas Family Code permits the exercise of personal JURISDICTION over a non-resident in a suit affecting the parent-child relationship connected with divorce whenever personal JURISDICTION exists over the non-resident to litigate the divorce .