Which Court Has Authority to Modify Your Order?
When a court in Texas renders a final custody or child support order, that particular court retains authority to make any changes to the order at a later time. Therefore, if you are seeking modification of a custody or child support order, the court that issued the original order is where the suit to modify should be filed in the future. In legal terms, we refer to the court that retains authority to modify as the court with “continuing, exclusive jurisdiction.”
A court with continuing, exclusive jurisdiction holds the ability to modify anything relating to the final decree, including conservatorship, possession, access, and child support. No other court can modify any aspect of the original final orders. Various circumstances can make a court lose its continuing, exclusive jurisdiction over a case. It is common for families to relocate to another city or state during life. If a child moves to another Texas county for at least six-months, the new residence of the child will determine where a suit to modify can be filed. This happens only when the child moves from one Texas County to another Texas County.
A court will lose continuing, exclusive jurisdiction when all parties to a case no longer have a significant connection with Texas. No longer having a significant connection with Texas may occur when the child no longer lives in Texas or there is no evidence in Texas regarding the child’s health, care, custody, and control. The court will look to the continuity and quality of contacts the child has with the state of Texas.
Both parties can consent to allowing a court in another state to modify their case and retain continuing, exclusive jurisdiction for further modifications in the future. The parties must provide written consent to authorize another state’s court to handle future issues involving conservatorship, possession, and access.
Another way a court may lose its continuing, exclusive jurisdiction over a case is by termination of the court’s order. Court orders have provisions that may terminate the effect of the order. Often times, final orders will terminate upon death of one of the parties, the remarriage of parent, or the adoption of a child involved in the suit.
Understanding what court has continuing, exclusive jurisdiction is important to your case. Jurisdiction issues can become large hurdles in custody and child support cases. If you have questions regarding modification of a custody or child support order, contact our firm for answers today at (972) 353-4600.