Which State's Courts Can Make Custody Decisions for My Child?
Which State's Courts Can Make Custody Decisions for My Child?
The Uniform Child Custody Jurisdiction Act sets the standard for when a court can make a custody decision and when they must send the case to another court. These are the criteria for which a state has jurisdiction to make a decision about the child: - The state is the child's home state. This is where the child has resided for the previous six months or was residing prior to a parent taking the child to another state.
- The child has significant connections with people, such as grandparents, teachers and doctors in a state, and there is enough evidence concerning the child's care, personal relationship, protection and training there.
- The child is in the state and has either been abandoned or is in danger of being neglected if sent back to another state.
- No other state can meet the above criteria or another state can meet one but has declined to make a custody decision.
What Happens if a Parent Moves a Child to Create a Home in Another State?
If one parent removes a child to create a home state or a significant connections state, the parent will be denied custody. If more than one state meets the above standards (e.g., the child has "significant connections" in two states) the state that first makes a custody decision is the state with jurisdiction. Do I Need a Lawyer for My Custody Case?
If you are seeking to establish or modify custody for your children, it may be wise to consult with a family lawyer to discuss your options. Working with an experienced family lawyer can help you understand your rights and deal with the complicated legal system. |
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