Articles Tagged with possession and access

What is Jurisdiction?

Jurisdiction is the ability for a court to hear a case. When two states are involved, the states must decide which court more rightfully has jurisdiction to hear the case so that there are not conflicting orders out of two different courts in two different states. Under the uniform child custody jurisdiction and enforcement act, which Texas has adopted into its family code, a trial court can have jurisdiction over a child custody case under certain circumstances laid out in section 152.201.

Even when a trial court has this jurisdiction under 152.201 of the family code, the court can still defer jurisdiction to another jurisdiction if the court considers itself an “inconvenient forum.” This inconvenient forum provision is codified in section 152.207. The court is supposed to consider certain factors when making this determination that include: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this state; (3) the distance between the court in this state and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues in the pending litigation.

What is a material and substantial change?

The Texas Family Code allows for a modification of a suit affecting the parent-child relationship if modification would be in the best interest of the child and the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the date of the order or the date of the signing of the mediated settlement agreement that the order is based off of. Material and Substantial change is not defined in the code, but obviously this is a term that has been dealt with by Texas Courts extensively. Material and Substantial change may sound like a high standard, but in actuality the courts give very broad discretion to trial court judges in their assessment of what a material and substantial change is.

What have appellate courts said about material and substantial change?