SPARC Forums

I have been reading the posts regarding jurisdiction and it has not brought a question to my mind.

CP and Minor Children live in Texas - All orders are in Texas
NCP lives in Indiana

NCP has filed for custody and the psychological evaluations were just finished up now waiting on the evaluators findings.  

Question is:

1)  If NCP is awarded custody and minor children move his state then after 6 months who will have jurisdiction?  The now NCP will still be residing in Texas where the original decree and all orders have taken place.

Thanks!

>Question is:
>
>1)  If NCP is awarded custody and minor children move his
>state then after 6 months who will have jurisdiction?  The now
>NCP will still be residing in Texas where the original decree
>and all orders have taken place.

Texas retains continuing exclusive jurisdiction, until an Indiana court determines that no party to the case nor the child resides in TX, or until, a Texas court determines that only the noncustodial parent resides in Texas during the past six months or longer, and insufficient evidence concerning the child's health and welfare exists therein, and the Texas court relinquishes its jurisdiction to Indiana.

Since, in your hypothetical, the NCP will continue to live in TX, then after six months, the TX court would need to decide if there remained enough evidence concerning the child's health and welfare in TX so that the child's minimum contacts with TX jurisdiction makes it fair and just that TX retain jurisdiction. In almost every case where this situation occurs, the answer will be 'No," and Indiana would obtain jurisdiction over future custody modifications.