Question: Can I direct the court to perform a DNA test on a child in a different state?
Under these facts this case should be brought in Texas. The UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act) requires that any litigation regarding the custody of children be brought in the children’s home state. This is defined as where the children have lived for 6 months immediately before the filing of the action. 49 of the 50 states have adopted this Act (Massachusetts is the only state which still has the predecessor version of this Act.)
Attorney Erin E. Morse