Parents in Two States? Jurisdiction Might Be The Fight Before The Fight
If you're a parent seeking custody and you and your ex-partner live in different states, where to file your custody case is a complicated and critical decision. Here are three things to consider when deciding where to file your case:
Jurisdiction: In cases where parents reside in different states, jurisdiction can be tricky. Generally, the state where the child has lived for the past six months is considered the child's home state and has jurisdiction over the case. However, in some emergency situations or if the child has not lived in either state for six months, jurisdiction may be based on other factors. The court might look at where the child has the closest connection, such as schools or doctors. The statute that governs these decisions, the UCCJEA, can be really difficult to navigate.
Convenience: If you and your ex-partner live far apart, you may want to consider the convenience of the court location. Virtual appearances became the norm during COVID, but many courts are back to requiring in-person appearance of parties on custody matters. Filing in a state that requires a lot of travel can be costly and time-consuming, so it's essential to consider the logistics involved in attending court hearings and meetings.
Custody laws: Custody laws vary from state to state, so it's important to consider the laws of the state where you plan to file. Some states may be more likely to award joint custody, while others may favor one parent over the other. It might be that the state you reside in is not the best state for you to file in. Understanding the laws of the state where you plan to file can help you make an informed decision and can also help you prepare for the potential outcomes of your case.
Deciding where to file a custody case when parents reside in different states is complicated. I’ve seen parties spend lots of money litigating just the issue of where the case should be heard, before even getting to the actual fight over what the outcome should be. In these situations, the timing of that initial filing is often critical and even experienced custody attorneys sometimes make missteps. This is not one of those areas where you want to DIY a solution. An attorney can provide valuable guidance in navigating the complexities of an inter-state custody battle and can help you make the best possible decision for you and your child. Make an appointment to learn more about your options.
