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In Re Forlenza
Texas Supreme Court (2004) | 140 S.W.3d 373; 47 Tex. Sup. Ct. J. 879; 2004 Tex. LEXIS 656; 2004 WL 1536009
TL;DR: A Texas court retained jurisdiction over a child custody modification suit even though the children and custodial parent had lived out-of-state for over five years, because the non-custodial parent remained in Texas and maintained a significant relationship with the children, satisfying the UCCJEA's jurisdictional test.
Legal Significance: This case clarifies that under the UCCJEA, a state retains exclusive, continuing jurisdiction over child custody if either a significant connection exists or substantial evidence is available. The test for losing jurisdiction is conjunctive; both elements must be absent.