Texas courts recognize and enforce existing child custody orders from other states, but first, you must register a certified copy of your order with the district clerk in the county where you live.
Under the Texas Family Code and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), including § 152.301–152.317, you can ask a Texas court to enforce or later modify an out-of-state custody order once it is properly registered with the district clerk.
You can submit the paperwork yourself, but to ensure it’s complete, correct, and that your county court will have no trouble enforcing an out-of-state child custody order, it’s usually best to consult with a Frisco family law and divorce lawyer to ensure it’s properly done.
What do I need to register an out-of-state custody order in Texas?
There is no residency requirement to register an out-of-state custody order in Texas. However, registration must be completed correctly so the court can enforce the order without delay.
First, you must obtain two copies of your order from the issuing court; one must be certified and bear an endorsement certificate seal or stamp. Then, submit these documents to the district clerk in the Texas county where you currently live:
- Prepare and file a letter requesting registration; you can use the UCCJEA Request to Register Out-of-State Custody Order form to do so
- Submit your two copies of the initial order, the certified one, and the other
- Submit an affidavit declaring that the order has not been modified; you can use the Affidavit for Registration of Foreign Custody Order form
- List your full contact information and that of the other party
- Submit your completed documents to the district clerk, either online through eFileTexas or in person, and pay the filing fee (which varies by county).
You must also notify the other parent. The court will send a formal notice that the order has been registered in Texas, but you are responsible for keeping your contact information current, unless doing so would put you or your child at risk.
Review your original order very carefully; it may include a safety provision that allows you to register the order without disclosing your address. If it doesn’t, and you have concerns about harassment, stalking, privacy, or any other issue, speak with a licensed Texas family law attorney right away to discuss your options.
Once the request to register your order is submitted, the other party has 20 days to contest it. There are only three grounds:
- The issuing court did not have jurisdiction to issue the order
- The registered order has been vacated or modified by a court with jurisdiction to do so
- The contesting party did not receive notice of the request to register the order in Texas
If none of these grounds apply after the 20-day response period, the order becomes enforceable in Texas as if it were issued by a Texas court.
Get the legal help you need for registering your out-of-state custody order
Have you recently moved to Texas and need to register an out-of-state court order? Our family law firm can handle obtaining and registering all required legal documents on your behalf and advise you of your rights under the Texas Family Code.
If you need the order modified or enforced, Albin Oldner Law attorneys can file the necessary motions to enforce or modify your order when needed. Contact our offices online today or call us at (214) 423-5100 for a consultation.
