Texas law, explained
The short answer
Under the Uniform Child Custody Jurisdiction and Enforcement Act (Texas Family Code Chapter 152), custody is decided by the child's home state: the state where the child lived with a parent for at least six consecutive months right before the case was filed. The state that issued a custody order generally keeps the power to change it. Texas can register and enforce an out-of-state order, and change it only when the law allows. John B. Polk has written and spoken at continuing legal education programs on interstate custody and support.
Which state decides custody: the home state rule
The child's home state decides custody when parents live in different states. Home state means the state where the child lived with a parent, or a person acting as a parent, for at least six consecutive months immediately before the case was filed. For a baby under six months old, it is the state where the child has lived since birth (Texas Family Code § 152.102).
A state that was the home state within the six months before filing keeps that role if a parent still lives there, even after the child moves away (§ 152.201). So a child who recently moved to Texas usually does not have Texas as the home state yet. The child's physical presence in Texas is neither necessary nor enough by itself.
Your ex can file a custody case in another state only if that state has jurisdiction under the same rules. If a court has already issued a custody order, that court generally keeps exclusive continuing jurisdiction, and a new state cannot start over just because one parent moved there.
Out-of-state custody orders in Texas: register, enforce, change
Texas enforces custody orders from other states once they are registered, and it can change them only in limited cases. The issuing state keeps exclusive continuing jurisdiction until it decides it no longer has it or that Texas is more convenient, or until a court finds that the child, the parents and anyone acting as a parent no longer live in the issuing state (§ 152.203).
Registering the order
To register an out-of-state custody order, you send the Texas court a request, two copies of the order (one certified), a statement under penalty of perjury that it has not been modified, and names and addresses of the parties (§ 152.305). The other parent is served and has 20 days to request a hearing to contest it. If no one contests, or the contest fails, the registration is confirmed.
A registered order is enforceable in Texas like a Texas order. A Florida order can be enforced after a move to Plano, and a California order can be enforced in Dallas, without asking the original state first. Changing either one is a different question that turns on where everyone lives now.
You are not required to hire a Texas lawyer, but registration has short deadlines and a missed contest is final. See also custody modification and enforcement.
Child support across state lines
Child support between states is governed by the Uniform Interstate Family Support Act (Texas Family Code Chapter 159). An out-of-state support order can be registered and enforced in Texas, and an income withholding order from another state can go directly to a Texas employer.
Changing another state's support order in Texas is limited. Texas can modify it if the parents and child no longer live in the issuing state, the parent asking for the change lives outside Texas and the other parent is subject to Texas jurisdiction, or if all parties file written consents with the issuing court (§ 159.611). Texas can also modify when all the parents live in Texas and the child does not live in the issuing state (§ 159.613). Even then, the issuing state's law controls how long support lasts.
International moves are covered too: UIFSA applies to many foreign countries, and a move abroad can be a reason to ask for modification. See child support.
International custody and child abduction
Texas treats a foreign country as if it were another state for custody jurisdiction, and it enforces a foreign custody order made under rules substantially like its own, unless that country's custody law violates fundamental principles of human rights (§ 152.105).
When a child is taken from or kept out of the United States, the Hague Convention on the Civil Aspects of International Child Abduction may apply. It covers children under 16 between countries that are partners under the treaty, and asks the courts of the country where the child was taken to order the child returned to the country of habitual residence. The U.S. State Department's Office of Children's Issues handles applications.
To prevent an abduction, a Texas court can order measures such as surrender of the child's passport, a bar on removing the child from Texas or the United States, supervised visitation, or a bond (§ 153.503).
How John B. Polk helps with interstate and international cases
Interstate and international custody and support is a particular focus of John's practice. He has written professional articles and spoken at continuing legal education programs on the UCCJEA and UIFSA, and has more than 25 years of family law practice in Dallas.
- Determines which state or country has jurisdiction before anything is filed.
- Registers and enforces out-of-state and foreign orders in Texas.
- Responds when the other parent files in another state.
- Asks for abduction prevention measures and travel terms in orders.
- Works toward agreement through negotiation or mediation, which he can hold over Zoom when parents live far apart.
When looking for an interstate custody attorney in Dallas, ask how often the lawyer handles jurisdiction fights and registrations, and how they coordinate with courts and lawyers in the other state. More about John is on the about page.
What happens when you hire John
- 1
Consultation
John reviews every existing order, where the child has lived and when, and where each parent lives now. That timeline decides jurisdiction.
- 2
Jurisdiction plan
He identifies which court has power and whether Texas can act now, later or not at all. Filing in the wrong place can cost months.
- 3
Register, enforce or file
He registers the order, asks for enforcement, or files or answers a case, coordinating with the other state's court when needed.
- 4
Agreement or hearing
He negotiates or mediates long-distance schedules and support, and prepares for hearings when agreement fails.
CPiQ, from John and Emily Polk
Messages between co-parents, without the next fight.
Paste a message before you send it. CPiQ, built on parenting-facilitation methods, suggests a calmer, child-focused version. Twenty short lessons help the change stick.
I highly recommend John for anyone going through a divorce. He was always available to give advice and strategize. I interviewed many firms big and small but chose John because of his experience and personal touch. He was very responsive. I felt like he was truly invested in making sure that I had the best outcome possible, and I believe that I did. Call John if you want a great lawyer who treats his clients like family.
Questions people ask
What happens if both parents file custody cases in different states?
Only one case goes forward. Under Texas Family Code § 152.206, a Texas court generally cannot proceed if a case was already filed in another state that has jurisdiction under the UCCJEA. The judges communicate and decide which state has jurisdiction, and the other case is stayed or dismissed.
What if the other parent moved to another state without permission?
It depends on the order. If the order has a geographic restriction, the other parent can be asked to follow it through a Texas enforcement case, or the order can be revisited in a modification case. If Texas issued the order, it generally keeps exclusive continuing jurisdiction while a parent still lives here and the child keeps a significant connection to Texas (Texas Family Code § 152.202), so the case stays in the Texas court.
Can a parent move children across state lines during a custody dispute?
A parent can physically move, but it does not move the case: the new state does not become the child's home state until the child has lived there six months, and a court with an existing order keeps jurisdiction. Courts often bar such moves with temporary orders. A court can decline jurisdiction gained through unjustifiable conduct (§ 152.208). A parent who wants to move should ask the court first.
What happens if my ex takes our child to another state and won't return?
The order can be registered and enforced quickly in the state where the child is, under that state's version of the UCCJEA. Courts there can issue a warrant to take physical custody if the child is imminently likely to suffer serious physical harm or be removed from that state. Keeping a child in violation of an order can also be a crime in Texas (Penal Code § 25.03).
What if my spouse takes our child overseas during divorce?
If the country is a Hague Convention partner, you can apply for the child's return through the U.S. State Department's Office of Children's Issues and in that country's courts. Acting quickly matters: if a return case starts within one year of the wrongful removal, the court must order return unless a narrow exception applies. If the country is not a partner, the options are fewer and slower.
Do I need permission to travel internationally with my child after divorce?
It depends on your decree. Many Texas orders set rules for passports and international travel. For a child under 16, the U.S. passport application generally needs both parents' consent, and some countries ask for a consent letter from the parent who is not traveling.
How do custody arrangements work when one parent lives abroad?
The court with jurisdiction sets a long-distance schedule, often with longer blocks in summer and holidays, plus regular video calls. The order can say who pays for travel and who travels with a young child. Abduction prevention terms may be added if there is a risk.
Can a foreign divorce decree be recognized in Texas?
Generally yes. Texas courts usually recognize a foreign country's divorce as a matter of comity when the foreign court had jurisdiction and both spouses had notice and a chance to be heard. Custody terms are enforced under § 152.105. Property in Texas, or issues the foreign court did not decide, may need a Texas case.
What documents are needed to register a foreign custody order?
The same as for another state's order: a request, two copies of the order with one certified, a sworn statement that it has not been modified, and the parties' names and addresses (§ 152.305). A foreign order usually also needs a certified English translation and may need authentication.
Guides on this topic
ChildrenMoving to Texas With an Out-of-State Custody OrderYour old state's custody order still controls after a move to Texas. How to register it here, enforce it, and when Texas can change it.
ChildrenInternational Custody in Texas: Hague Convention and TravelForeign custody orders, children taken overseas, passports and travel consent, and foreign divorces: how Texas law and the Hague Convention apply.