Registration of an Out of State Custody Order

To register an out-of-state custody order with a Texas court, you need to file several specific documents:

You must send a letter or other document requesting the registration of the custody order.
Along with this request, you need to provide two copies of the custody determination, including one certified copy.
Additionally, you must include a statement under penalty of perjury that, to the best of your knowledge and belief, the order has not been modified.
Finally, you need to provide the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

Sec. 152.305. Registration of Child Custody Determination., K6.02 Registering Another State’s Child Custody Order, § 374.03A Enforcement of Out-of-State Child Custody Determination Under UCCJEA.

Upon receipt of these documents, the Texas court will file the determination as a foreign judgment and serve notice upon the persons named in the registration request.

These individuals will be given an opportunity to contest the registration. If no timely contest is made, the registration is confirmed as a matter of law, making the custody determination enforceable in Texas as if it were issued by a Texas court.

Sec. 152.305. Registration of Child Custody Determination., Tucker v. Campos, 2021 Tex. App. LEXIS 6696, Berwick v. Wagner, 336 S.W.3d 805.

It is important to note that while registration allows for enforcement of the custody order, it does not authorize the Texas court to modify the order.

Any relief granted will be in accordance with Texas law, but the original terms of the custody determination remain unchanged unless modified by a court with appropriate jurisdiction.

K6.02 Registering Another State’s Child Custody Order, § 374.03A Enforcement of Out-of-State Child Custody Determination Under UCCJEA.

In summary, to register an out-of-state custody order in Texas, you must file a request for registration, two copies of the custody determination (one certified), a sworn statement regarding the order’s status, and the relevant contact information.

This process ensures that the custody order is recognized and enforceable in Texas.

Sec. 152.305. Registration of Child Custody Determination., K6.02 Registering Another State’s Child Custody Order, § 374.03A Enforcement of Out-of-State Child Custody Determination Under UCCJEA.

Supporting Cases:

Sec. 152.305. Registration of Child Custody Determination. | TX – Texas Statutes & Codes Annotated by LexisNexis® | Codes | Texas | Jan 1, 0001

Tucker v. Campos, 2021 Tex. App. LEXIS 6696 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Aug 13, 2021

Berwick v. Wagner, 336 S.W.3d 805 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Feb 10, 2011