How is jurisdiction determined in child custody cases

If you are seeking custody of your child, you need to ask the correct court. Some courts can hear your case, while others cannot. A court may only hear your case if it has child custody jurisdiction. Jurisdiction is the right of a court to hear and decide the case. A court must have child custody jurisdiction before it can decide a case. For many years, child custody jurisdiction was difficult to determine. State law and years of court decisions caused conflicts between states and, in some cases, federal law.

It gives child custody jurisdiction to the home state of the child. The custody case must be decided in the home state. There are several ways of deciding which state is the home state of a child.

Take this example into consideration:. There, they began their family after giving birth to their child. Once settled in the new state, Parent X goes to a courthouse in New York seeking custody of the child. However, if the child was removed from the state because Parent Y was abusive, the New York court may be able to assert jurisdiction. Issues surrounding custody, visitation, and support are always complex and unique to each family.

We recommend seeking legal advice from a family law firm experienced in handling these types of cases. If your child has been removed to another state without your permission or you believe your case may have custody concerns, we encourage you to call our attorneys as soon as possible.

Guidelines for Visiting Grandma and Grandpa Children may need as much support as possible after a divorce , and their grandparents Never Too Early to Plan Ahead Though the school year has barely begun, many parents across the country and especially their In Utah, the jurisdiction change process typically begins with registering the original custody order with the court.

This will get Utah to acknowledge the existence of the order. But it does not give Utah jurisdiction. From there, there are then some different avenues to get jurisdiction changed to Utah. If the Utah court can ascertain that neither parent lives in the original state and that the child is in Utah, it might be able to take jurisdiction.

With the cooperation of the original court, a Utah court can also decide to take jurisdiction. The process for changing jurisdiction can be complicated for even attorneys and judges. They can then help you navigate the process of registering your custody order and asking for a change in jurisdiction.

Child Custody. Physical vs. Legal Custody. Joint vs. Sole Custody. Interstate Child Custody. International Child Custody. Supervised Visitation. Grandparent Custody and Visitation. Child Custody Mediation. Parenting Agreements. Temporary Child Custody Orders.