Sometimes one or both parents move after a custody order is issued. When parents move, they often want to modify custody and visitation. However, if both parents have moved out of state, issues of jurisdiction may arise. In a recent case, a father sought a Texas custody modification of a North Carolina custody order.
Texas family law has a strong presumption that it is in the child’s best interest to give custody to a parent. Generally, the court must appoint sole managing conservatorship to the parent instead of a non-parent unless it finds doing so would not be in the child’s best interest due to significant impairment of the child’s emotional development or physical health. Tex. Fam. Code § 153.131(a). What if the parent lives in another country? A Texas appeals court recently considered this issue.