Out-of-State Possession Order Texas Lawyers
Child custody issues are one of the most important matters that must be addressed in family law. Whether it is handled during a divorce or in a stand-alone proceeding, you want an experienced lawyer protecting your rights.
Custody and visitation decisions affect the entire family. The consequences of these decisions will be felt for many years. Both parents and the children must abide by the decisions set by the court. These decisions can be more complicated when they are out-of-state possession orders.
If you are facing out-of-state possession orders, the Texas attorneys to modify, enforce, or defend out-of-state orders of BB Law Group PLLC can help. Our legal team has experience dealing with these and we help to ensure that your legal rights and interests are represented under the law. Contact our office today for a confidential consultation. Call us at (832) 534-2589.
What Is a Possession Order?
A possession order is the technical term for custody and visitation orders. Texas Family Code presumes it is in the best interest of the child to spend time with both parents. If the parents cannot agree on a schedule, then the court uses a standard possession order. They may include modifications based on your family situation.
The Texas courts try to minimize the emotional trauma to minor children in family law proceedings. If the parents cannot come to an agreement on custody and possession, then the court will establish a custody order. The order will include provisions for possession, modifications of the order, and variations on the standard possession order.
A standard possession order is for children who are older than three years. In this situation, one parent has custody and the other has visitation rights. The standard protection order will award the noncustodial parent visitation at predetermined times. For example, the order may stipulate visitation from 6 pm Friday to 6 pm the following Sunday on alternating weekends and an additional two or three hours during the week. The standard possession order will also address holidays, summer vacations, birthdays, and special cultural or religious holidays important to the parents.
Texas Child Custody: Out-of-State Possession Orders Are Complex
Possession orders in child custody become more complex when you’re faced with an out-of-state order. These can create legal difficulties since orders from different states may conflict with Texas laws or may not be immediately applicable. There are legal processes in place to resolve these jurisdictional issues.
The first is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This is a multi-state compact that ensures parents who are separated cannot move across state lines to avoid custody or visitation orders. Under this act, the child’s home state retains jurisdiction. In determining the home state the court considers where the child has lived for the last six months and other significant connections the child may have to each state considered. The Act requires the court to enforce the orders entered in other states.
The second legal process that governs out-of-state orders is the Uniform Interstate Family Support Act (UIFSA). This is one of the uniform acts that limit the jurisdiction that can establish and modify child custody and visitation orders. Each state was required by federal law to adopt the UIFSA, which Texas did in 2015. These pieces of legislation help establish a consistent standard to process out-of-state orders.
Why Do You Need a Lawyer?
According to the UCCJEA, the child’s home state retains jurisdiction. This means if you receive an out-of-state possession order, and the child’s home state is anything other than Texas, the rules and regulations governing the order are retained by the other state. This can complicate the legal process very quickly.
In order to comply, there are specific procedures that must be followed within certain time frames. Without an experienced family law attorney to make sure the procedures are observed, the results could be disastrous.
While it is not necessary to have a lawyer file a modification for child custody in Texas, it is advisable to have legal help determining whether Texas has jurisdiction in an out-of-state order. Your lawyer can also help respond to the order and represent your legal rights in court.
Without legal help, you would have to spend countless hours reading the law, going through past cases, and ensuring that everything you do in the case is done correctly. Additionally, a compassionate and respected firm can offer a great deal of support in a time that is very stressful.
Enforcing out-of-state orders can quickly become personal and contentious. Your Texas family law attorney can act as an objective third party, representing your rights while dealing with the other party. This helps reduce stress on you, so you can focus on what’s most important.
BB Law Group PLLC Is Your Best Choice
It can be confusing if you or your ex-partner move out of state. What happens with court orders? Do they expire? Do you need a new order to cover the new circumstances? The answers to those questions can vary depending on the state and the orders.
To ensure your rights are protected, it is important to contact an experienced Texas family law attorney as soon as you know your situation is changing. Many of these orders are essential to your quality of life. Making appropriate plans before a move happens can make the actual move go more smoothly, no matter which parent is changing states.
If you are dealing with an out-of-state possession order, you may also have other family law concerns. The legal team at BB Law Group PLLC has experience working with many aspects of family law after partners have split. We can help you modify, enforce, or defend yourself against out-of-state orders addressing:
- Child support
- Spousal maintenance
- Child visitation
We can help allay your concerns. When possible, we will also do our best to proactively protect your rights.
Don’t try to handle the problem on your own. It is critical to have the experienced legal representation that you’ll get at BB Law Group PLLC. Let us put the extensive knowledge of out-of-state orders to work for you. We are skilled and will work passionately to win your case. We make sure to put your needs above anything else and work tirelessly to achieve your goals.
Contact Us Today
You don’t need to fight this battle on your own. Even if your split with your ex-partner is amicable, out-of-state child custody orders can be overwhelming. You have been through enough. Contact BB Law Group PLLC today and let our compassionate and knowledgeable legal team shoulder your burden and support you during this time. We have the resources and the experience to deal with out-of-state possession orders.
Call our office at (832) 534-2589 for a confidential consultation and learn how we can help.