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Child Custody Jurisdiction Answers From The Expert
If parents live in different states at the time of their divorce, which state has custody jurisdiction? The following question and answer addresses this issue.
Can he keep my son in the state if I'm only there temporarily?
Tiffiney's Question: I moved from California to Nebraska two months ago. There is no court ordered custody, and neither party has filed for divorce. I want to go back to California to get my things. If my ex files while I am there, can he make me keep my son in the state?
Brette's Answer: If you ex files for divorce while you're out of state, the court has to first give you notice of the motion for custody, and you have a period of time in which to respond or appear. It sounds like you're planning a short trip and it doesn't sound like it should be a problem. You should however be clear with your spouse that you are not leaving the state for any lengthy period of time and that you will be back. If you just pick up and leave it is possible he could reasonably believe you've fled with your son and could seek an emergency order of custody. It would be a good idea to consult with an attorney in Nebraska to determine if you're going to meet the residency requirement there for divorce and to discuss custody. » Return to top
Do I have to fight for custody in Illinois if the kids live in Ohio?
Angela's Question: I have been divorced for 4 years and have two minor children. I was divorced in the state of Illinois and moved after the divorce to Ohio with the two children with a joint custody agreement with me being custodial parent. My ex wants custody of the youngest child and have filed for sole custody in Illinois. Do I have to find an attorney in Illinois and deal with long distance and travel, even though the children have lived here for 4.5 years?
Brette's Answer: From what you've said, it sounds like the case should be heard in Ohio. Ask to have it transferred under the Uniform Child Custody Jurisdiction Act.
Can the state we're living in now handle our custody issues?
Dana's Question: I have primary custody of our 14 year old son. The divorce happened in Missouri, but our son has lived with me in TN for 3 years. Son went to visit Dad for summer and now he is saying he wants to stay there. I told him and my ex that I want him to come home, and he can go back if he is not happy here by Christmas time. But mind you he did not even want to go see his Daddy this summer and now I get this, so very confused. If I have to go back to court, can we file something here in TN since it's my son's home, instead of going back to Missouri?
Brette's Answer: First of all, what your son is doing is really very common. It's the kids' version of "Love the One You're With". He's with his dad and has adjusted. He may want to go back after he spends time with you or not. Yes, you can file in your home state since that is your child's state of residence. Good luck. » Return to top
Which state will has custody jurisdiction?
Mattie's Question: I have been living in Texas with my two minor sons for a year now. My husband, who resides in Indiana, filled for divorce there. I was told that Texas is considered the home state of the two children since they have been living here for 6 months or more. Therefore, when it comes to matter of child custody/support only a court in Texas is allowed to rule. The final divorce, and division of property/assets is ruled by the court in Indiana (where he filed), however if there is disagreement in regards to custody/support then I should seek help in Indiana and have that representative put in an order to the court to have the child issues resolved by the home state, which in this case is Texas. My question: is that information right in regards to the home state and the jurisdiction the home state has to rule over these matters (i.e. child custody & child support)?
Brette's Answer: The law that governs your situation is called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The purpose of the law was to have a uniform approach to child custody and visitation among states. The law gives the child's home state jurisdiction over custody matters. A 6 month period of residence defines the home state. You need to discuss your situation with an attorney, but you can file for custody in Texas (click here to read the relevant Texas Divorce Laws). Child support is not covered under the UCCJEA, however once you have an order of custody you can then file for child support. An attorney may advise you that it makes the most sense for you to file for these items in Texas so that if you need to enforce them it will be easy to do so. It is best that you have an attorney review any papers about your divorce before you sign them. » Return to top
How can I get the custody jurisdiction changed?
Carol's Question: During our divorce, I was awarded custody and the judge gave me permission to move to my home state. My lawyer recommended getting the jurisdiction moved to my home state. How do I do this?
Brette's Answer: Go to court and ask for it. Good luck.
Can I get the custody jurisdiction changed if we've both left the state?
Anndra's Question: I divorced in Texas, but neither my ex or I have lived in the county of the divorce for 2 years. In addition, neither of us have lived in Texas for the last 3 months, and our children are with me due to a temporary injunction for domestic abuse in Florida. How can I get a change of venue to Florida?
Brette's Answer: It sounds to me like your state would have emergency jurisdiction under the Uniform Child Custody Jurisdiction Act. The children are in danger, they're in your state and have been for at least a while. It certainly doesn't hurt to go file in family court in your state. » Return to top
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.
