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
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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
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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
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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.
