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Divorce Jurisdiction vs. UCCJEA Jurisdiction

On December 20, 2018

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Rust v. Rust, No. 04-17-00674-CV, 2018 WL 4760157 (Tex. App.—San Antonio 2018,

Here is an interesting case about the interplay of divorce jurisdiction and the UCCJEA. The underlying facts are the Husband was in the armed services and designated his residence as the State of Texas although the family was stationed in North Carolina and had been for several years. The Husband filed a divorce action in Texas and the Wife challenged the jurisdiction asserting that North Carolina was a more appropriate venue. The trial Court agreed that Texas was not the home state of the children under the UCCJEA and that Texas was also an inconvenient forum for the divorce.   Husband appealed and the appellate court confirmed that custody issues regarding the children should be heard by the North Carolina Court, but overturned the trial courts order that Texas was an inconvenient forum and allowed Husband to maintain all parts of the divorce that did not involve the children in Texas.

 

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