How Does Child Custody in Louisiana Convert to Texas Laws?

By Heather Frances J.D.

When couples divorce in Louisiana, the Louisiana court issues an order that describes child custody terms, but those terms may need to change if one or both spouses later wish to move out of state. However, Louisiana’s order and Louisiana state laws continue to govern the couple’s child custody, except under certain circumstances, such as when the new state assumes jurisdiction over the child.

Parental Relocation

Louisiana does not allow a custodial parent under a custody order to simply pack up and leave the state with the children without either the court’s permission or permission from the noncustodial parent. Instead, Louisiana parents must give notice of a proposed relocation to the other parent at least 60 days before the proposed relocation. The noncustodial parent has 30 days to object to the relocation, and if he does not object during that period, the custodial parent can relocate. If the noncustodial parent does object, the relocating parent has the burden to prove to the court that the proposed relocation is in the child’s best interests and in good faith.

Uniform Child Custody Jurisdiction and Enforcement Act

In 2009, Texas adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which governs the authority it has over children with custody orders from other states. Under the terms of the UCCJEA, Texas does not have jurisdiction over a Louisiana child custody order, unless Louisiana, which has also adopted the UCCJEA, waives its right to retain jurisdiction as the child’s home state. Texas courts can also exercise jurisdiction over a child’s case if he has continually lived in Texas for at least six months or if he was wrongfully taken into Louisiana from Texas. For example, Texas courts may have jurisdiction to modify the child custody order if neither parent and none of the children still live in Louisiana.

Ready to start your LLC? Start an LLC Online Now

Parental Kidnapping Prevention Act

The Parental Kidnapping Prevention Act, which applies in every state, does not give Texas authority to change a custody order from Louisiana or “convert” the custody terms of a Louisiana order. However, the PKPA requires state courts to enforce custody orders from other states, so Texas must enforce Louisiana’s custody decisions without changing them until a Texas court decides it has jurisdiction instead of Louisiana and Louisiana gives up jurisdiction.

Domestication

For Texas to enforce the custody terms of a Louisiana order, a parent must domesticate, or register, the Louisiana order in Texas. This means the Texas courts will enforce the Louisiana order even if they do not have jurisdiction to change it, and Texas will enforce all the terms of the Louisiana order even if a Texas court would have ordered a different custody arrangement had the case been decided in Texas. Registration requires a parent to file a request with the Texas court and at least one certified copy of the Louisiana order.

Ready to start your LLC? Start an LLC Online Now
With Temporary Custody of a Minor in Georgia Can I Leave the State and Still Have Custody?
 

References

Related articles

Court Issues on Divorced Parents Moving to Separate States

Divorced parents who move to separate states must cooperate with each other or they could become mired in an interstate custody battle. Family court matters are handled on the state level. When part of the family moves to another state, it is not always clear which state has jurisdiction over the family members. Legislation seeks to clarify matters, but the laws are confusing. Some parents end up rushing to get to the courthouse first when interstate custody issues heat up.

How to Change a Child's Last Name in Virginia

A parent can change the name of her child in Virginia through the Virginia circuit court of the county the child resides in. If both parents agree to the name change, the process is relatively easily and requires a signed application and a visit to the circuit court. The parents do not have to state the reason for changing the child's name on the application, but the name change must be in the child's best interests under Virginia law.

Moving Out of State in the Middle of a Custody Battle in Texas

If you’re in the middle of active custody litigation, Texas courts won’t take it well if you suddenly move out of state with your children without permission. Section 153.001(a)(1) of the Texas code specifically cites that it is the state’s policy to ensure that children have frequent and loving contact with both parents. If you take steps to alter your children’s contact with their other parent by moving, it could conceivably cost you custody.

LLCs, Corporations, Patents, Attorney Help

Related articles

Out of State Visitation Statutes in Texas

The Texas statutes related to marriage, divorce, child-parent relationships and juvenile justice are contained within ...

Uniform Child Custody Jurisdiction Act in Virginia

The Uniform Child Custody Jurisdiction and Enforcement Act is recognized by 49 states, as of 2012, including Virginia. ...

Rights of Parents With Sole Physical Custody in California

California courts can award sole physical custody to one parent or joint physical custody to both parents, based on the ...

How to Change a Name on a Texas Driver's License

You’re not stuck with the name your parents gave you. You might change your surname because you got married or change ...

Browse by category
Ready to Begin? GET STARTED