Temporary Emergency Jurisdiction – Defined – Jurisdiction is defined as a court’s official power to make legal decisions and judgments, but an important thing to remember is that a court’s jurisdiction typically does not transcend beyond the boundaries of its state or county. For example, a family court in Texas cannot involve itself in a case – divorce, marital property disputes, child-custody determinations, etc. – that originated and was ruled on in Florida.
That is, of course, if there are no extenuating circumstances that could allow a court to step in. Last year, we wrote a blog on child-custody determination and the occasional need for significant-connection jurisdiction if the child does not have a home state. Today, we’ll discuss another form of special jurisdiction – temporary emergency jurisdiction.
We often hear about temporary emergency jurisdiction in multi-state child-custody cases. It can come into play if the child involved in the case is present in the same state the court is in and either of the following factors are also true:
- The child has been abandoned
- The child, a sibling, or parent of the child is threatened with mistreatment or abuse
If this is the case, and there isn’t an existing and enforceable child-custody determination in place, the new court’s temporary decision will remain in effect until a court that has full jurisdiction obtains a new order. If no resolution is made, the court’s interim ruling becomes final, and the state becomes the home state for the child.
For more information on jurisdiction, click here to read one of our other informative blogs.
In the meantime, there is a lot more that goes into this conversation. It’s always a good idea to talk to a lawyer about your situation. Give our knowledgeable team here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue. Our team is always available.
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